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17 this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
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18 To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: De Novo Planning Group
Attention: Amanda Tropiano, Principal
180 E. Main Street, Suite 108
Tustin, California 92780
Telephone: (714) 453-7711
Email: [email protected]
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
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19 10.9 Labor Code Requirements.
A. 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 Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since 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 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 Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
ON-CALL ENVIRONMENTAL REVIEW CONSULTING SERVICES
DATED: JULY 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
City of Temecula
SUBMITTED TO:
City of Temecula
Planning Department
41000 Main Street
Temecula, California 92590
ATTN: Mr. Scott Cooper, Senior Planner
SUBMITTED BY:
De Novo Planning Group
180 E Main Street, Suite 108
Tustin, CA 92780
Ms. Starla Barker, AICP, Principal Planner
949-396-8193 | [email protected]
Environmental Consultant Cost Proposal
On-Call CEQA Consulting Services
City of Laguna Hills | July 11, 2024
Revised September 10, 2024
SUBMITTED TO:
City of Laguna Hills
Jay Wuu, Senior Planner
24035 El Toro Road
Laguna Hills, California 926533
SUBMITTED BY:
De Novo Planning Group
Amanda Tropiano, Principal
180 E Main Street, Suite 108
Tustin, CA 92780
[email protected]
714.453.7711
PROJECT BUDGET
The cost estimate for an individual project is based on a variety of factors including the type of environmental compliance document, required technical studies, and site and project attributes. Due to the on-call nature of the RFP, a cost estimate cannot be specifically determined at this time. Rate sheets are included on the following pages.
Typical Direct Costs
Typical direct costs associated with preparation of environmental documents include the following. Please note that all direct costs are billed at-cost and are not marked-up. We also do not mark-up the fees of our subconsultants.
• Printing
• Mileage
• Postage
• Filing Fees
• Data Collection
• Vehicle Counts
Ranges of Fees for Documentation
The cost for preparation of environmental documentation can vary dramatically, based upon a number of factors for, including, but not limited to, the type of project, complexity of a project, its location, biological or cultural sensitivity, the amount and type of project management public meetings required, and the type and amount of technical studies required. The following represents a general ballpark estimated range of fees for services for the types of environmental documents that could be prepared under this contract.
• Initial Study/Mitigated Negative Declaration: $40,000 to $80,000 • Environmental Impact Report: $200,000 to $400,000
• Specialized and Categorical Exemption Memos: $5,000 to $20,000 • Peer Reviews: $1,800 each
• EIR Addendums: $30,000 to $65,000
• Technical Studies $3,000 to $90,000
Rates are established for the full term of the contract (i.e., from August 28, 2024 through August 27, 2026.
Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget. Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
D E N O V O P L A N I N G G R O U P
C I T Y O F L A G U N A H I L L S R A T E S H E E T
2024 Schedule
Principal $210
Principal Planner $185
Senior Planner $150
Associate Planner $130
Assistant Planner $110
GIS Analyst $125
Laguna Hills CEQA On-Call
(August 2024 through August 2026)
Hourly Billing Rates: Revised August 29,2024
Classification Hourly Rate
Principal $380
Senior Associate $290
Associate $250
Senior Engineer/Planner $210
Engineer/Planner $185
Senior Engineering Technician $180
Senior Project Accountant $190
Project Coordinator $160
Technician $160
Intern $140
• Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling.
• Personal auto mileage is reimbursed at the then current IRS approved rate (67 cents per mile as of Jan 2024).
• Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor.
MAT Engineering, Inc.
17192 Murphy Avenue #14902
Irvine, CA 92623
[email protected]
(949) 344-1828
Position Hourly Rate
President $180.00
Principal $170.00
Associate Principal $160.00
Senior Associate $160.00
Associate $150.00
Senior Engineer / Senior Planner / Senior Designer $150.00 Engineer / Planner / Designer III $120.00
Engineer / Planner / Designer II $115.00
Engineer / Planner / Designer I $110.00
Assistant Engineer / Assistance Planner / Assistant Designer $80.00 Technician III $75.00
Technician II $65.00
Technician I $55.00
Engineering Aide $50.00
Administrative Assistant $55.00
Notes:
PDF report copies of report are included in the fees. Printed reports charged at a minimum of $100.
For overtime work the above rates may be increased by 50 percent.
Client payment is not contingent upon client receiving payment from other parties.
Rev. August 2024
Billing statements for work will be submitted monthly. Statements are payable within thirty (30) days of statement date. Any statement unpaid after thirty (30) days shall be subject to interest at the maximum permitted by law Exhibit A
MAT Engineering, Inc. Billing Rates
Exhibit A
Billing Rates for MD Acoustics, LLC
Compensation for Services
The Consultants Billing rates for services are as follows:
Position Hourly Rate
Principal Consultant $ 220.00
Sr. Acoustical Consultant $ 178.50
Sr. Vibration Consultant $ 178.50
Air Quality Specialist $ 178.50
Consultant $ 155.00
Engineering Technician I $ 119.00
Engineering Aide $ 83.00
Administrative Assistant $ 78.00
Administrative Aide $ 66.00
Clerical Aide $ 60.00
Principal Controls & Vibration Engineer $ 244.00
Senior Scientist Noise & Vibration $ 226.00
Senior Design Engineer $ 161.00
Expert Witness $613.00
Mechanical Packaging Engineer $ 178.50
COMSOL Expert & Modeling $ 416.00
ANSYS Expert & Modeling $ 416.00
Automobile Mileage $ 1.13/mile
General
(1) Per Diem charges are based on current government rates based on area. (2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased by 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted bi-monthly. Statements are payable Net 15 upon receipt by the client of the statement. Any statement unpaid after ninety (90) days shall be subject to interest at the maximum permitted by law.
2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from August 28, 2024 through August 27, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget. Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
Revised: August 26, 2024
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1 PROFESSIONAL SERVICES AGREEMENT
Dudek
On-Call Environmental Review Consulting Services
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 23rd day of October 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and DUDEK, a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the professional services of a qualified land use and environmental planning firm to provide environmental review consulting services for the purpose of ensuring that the City complies with all aspects of the California Environmental Quality Act (“CEQA”), as well to provide the City with other as-needed land use, environmental planning, and CEQA review, compliance, and planning and support services that may be required on an as-needed, on-call basis (the “Project”).
B. In response to City’s Request for Proposals (RFP), dated May 30, 2024, Consultant has submitted to City a proposal, dated July 11, 2024, to provide the City with professional land use planning and environmental review consulting services for the Project pursuant to the terms and conditions of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional land use planning and environmental review consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, certification, or technical expertise necessary to perform the work and services contracted for herein.
D. City desires to retain Consultant to provide such professional land use planning and environmental review consulting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional
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2 land use planning and environmental review consulting services for the Project as set forth in the Proposal/Scope of Work, dated July 11, 2024, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.
Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated July 11, 2024 submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant
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3 shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
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4 1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Five Hundred Thousand Dollars ($500,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from October 23, 2024 through October 22, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.
Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any
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5 fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.
When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
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6 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on October 23, 2024 and ending on October 22, 2029, unless extended by mutual written agreement of the Parties.
3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Rachel Struglia, Ph.D., AICP, Principal in Charge. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with
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7 and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.
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8 4.5 PERS Eligibility & Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars
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9 ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.
1. Intentionally omitted.
2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a
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10 current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
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11 5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2)
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12 Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under
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13 this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost
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14 estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
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15 employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
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16 condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that
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17 applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
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18 To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: Dudek
Attention: Joseph Monaco, AICP, President/CEO
605 Third Street
Encinitas, California 92024
Telephone: (800) 450-1818
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
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19 violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.9 Labor Code Requirements.
A. 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 Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since 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 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 Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
(SEAL)
"CITY"
CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
1836871.1
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20 "CONSULT ANT"
DUDEK, a California corporation
ph Monaco,
President and CEO
By:
Danielle
D (A...A..../\
Voss,
V '\.A-..,..._
Vice President, Human Resources;
Assistant Secretary
Modified Insr PSA 8082024
DUDEK 2024 Standard Schedule of Charges
EFFECTIVE JANUARY 1, 2024
Engineering Services
Project Director ...................................................................... $335.00/hr Principal Engineer lll .............................................................. $310.00/hr Principal Engineer II ............................................................... $290.00/hr Principal Engineer I ................................................................ $280.00/hr Program Manager .................................................................. $260.00/hr Senior Project Manager ......................................................... $265.00/hr Project Manager ..................................................................... $160.00/hr Senior Engineer III .................................................................. $250.00/hr Senior Engineer II .................................................................. $240.00/hr Senior Engineer I ................................................................... $230.00/hr Project Engineer IV/Technician IV ......................................... $215.00/hr Project Engineer llI/Technician III .......................................... $210.00/hr Project Engineer lI/Technician II............................................ $200.00/hr Project Engineer I/Technician I ............................................. $180.00/hr Senior Designer II ................................................................... $200.00/hr Senior Designer I .................................................................... $195.00/hr Designer ................................................................................. $180.00/hr Assistant Designer ................................................................. $175.00/hr CADD Operator III ................................................................... $170.00/hr CADD Operator II .................................................................... $160.00/hr CADD Operator I ..................................................................... $145.00/hr CADD Drafter .......................................................................... $135.00/hr CADD Technician .................................................................... $120.00/hr Project Coordinator ................................................................ $155.00/hr Engineering Assistant ............................................................ $125.00/hr Environmental Services
Senior Project Director ........................................................... $330.00/hr Project Director ...................................................................... $285.00/hr Senior Specialist V ................................................................. $260.00/hr Senior Specialist IV ................................................................ $245.00/hr Senior Specialist III ................................................................ $235.00/hr Senior Specialist II ................................................................. $225.00/hr Senior Specialist I .................................................................. $210.00/hr Specialist V ............................................................................. $195.00/hr Specialist IV ............................................................................ $185.00/hr Specialist III ........................................................................... $175.00/hr Specialist II ............................................................................ $165.00/hr Specialist I ............................................................................. $145.00/hr Analyst V ................................................................................ $145.00/hr Analyst IV ............................................................................... $135.00/hr Analyst III ................................................................................ $125.00/hr Analyst II ................................................................................. $115.00/hr Analyst I .................................................................................. $105.00/hr Technician III ........................................................................... $90.00/hr Technician II ............................................................................ $80.00/hr Technician I ............................................................................. $70.00/hr Mapping and Surveying Services
Application Developer II ........................................................ $220.00/hr Application Developer I ......................................................... $155.00/hr GIS Analyst V ......................................................................... $205.00/hr GIS Analyst IV ........................................................................ $170.00/hr GIS Analyst III.......................................................................... $150.00/hr GIS Analyst II........................................................................... $135.00/hr GIS Analyst I............................................................................ $125.00/hr UAS Pilot ................................................................................ $145.00/hr Survey Lead ........................................................................... $235.00/hr Survey Manager .................................................................... $210.00/hr Survey Crew Chief .................................................................. $165.00/hr Survey Rod Person ................................................................... $95.00/hr Survey Mapping Technician ..................................................... $95.00/hr Construction Management Services
Principal/Manager ................................................................. $195.00/hr Senior Construction Manager ............................................... $155.00/hr Senior Project Manager ......................................................... $205.00/hr Construction Manager ........................................................... $175.00/hr Project Manager ..................................................................... $160.00/hr Resident Engineer .................................................................. $130.00/hr Construction Engineer............................................................ $115.00/hr On-site Owner’s Representative ............................................ $115.00/hr Prevailing Wage Inspector ..................................................... $145.00/hr Construction Inspector ........................................................... $145.00/hr Administrator/Labor Compliance .......................................... $120.00/hr Hydrogeology/HazWaste Services
Project Director ...................................................................... $335.00/hr Principal Hydrogeologist/Engineer II ..................................... $300.00/hr Principal Hydrogeologist/Engineer I ...................................... $290.00/hr Senior Hydrogeologist V/Engineer V ..................................... $265.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $255.00/hr Senior Hydrogeologist III/Engineer III .................................... $245.00/hr Senior Hydrogeologist II/Engineer II ...................................... $235.00/hr Senior Hydrogeologist I/Engineer I ........................................ $225.00/hr Project Hydrogeologist V/Engineer V .................................... $215.00/hr Project Hydrogeologist IV/Engineer IV .................................. $205.00/hr Project Hydrogeologist III/Engineer III ................................... $195.00/hr Project Hydrogeologist II/Engineer II ..................................... $185.00/hr Project Hydrogeologist I/Engineer I ....................................... $175.00/hr Hydrogeologist/Engineering Assistant .................................. $140.00/hr District Management & Operations
District General Manager....................................................... $225.00/hr District Engineer ..................................................................... $215.00/hr Operations Manager ............................................................. $165.00/hr District Secretary/Accountant .............................................. $140.00/hr Collections System Manager ................................................. $140.00/hr Grade V Operator ................................................................... $130.00/hr Grade IV Operator .................................................................. $115.00/hr Grade III Operator .................................................................. $105.00/hr Grade II Operator ..................................................................... $85.00/hr Grade I Operator ...................................................................... $80.00/hr Operator in Training ................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services
Creative Services IV ............................................................... $165.00/hr Creative Services III ............................................................... $150.00/hr Creative Services II ................................................................ $135.00/hr Creative Services I ................................................................. $120.00/hr Publications Services
Technical Editor lV ................................................................. $165.00/hr Technical Editor lll .................................................................. $150.00/hr Technical Editor ll ................................................................... $135.00/hr Technical Editor l .................................................................... $120.00/hr Publications Specialist lV ....................................................... $125.00/hr Publications Specialist lll ....................................................... $115.00/hr Publications Specialist ll ........................................................ $105.00/hr Publications Specialist l ........................................................... $95.00/hr Clerical Administration ............................................................. $90.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays –
Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services –
Subcontractors, rental of special equipment, special
reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses –
Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges –
All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.
The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
Revised August 22, 2024
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1 PROFESSIONAL SERVICES AGREEMENT
LSA Associates, Inc.
On-Call Environmental Review Consulting Services
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 23rd day of October 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and LSA ASSOCIATES, INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the professional services of a qualified land use and environmental planning firm to provide environmental review consulting services for the purpose of ensuring that the City complies with all aspects of the California Environmental Quality Act (“CEQA”), as well to provide the City with other as-needed land use, environmental planning, and CEQA review, compliance, and planning and support services that may be required on an as-needed, on-call basis (the “Project”).
B. In response to City’s Request for Proposals (RFP), dated May 30, 2024, Consultant has submitted to City a proposal, dated July 11, 2024, to provide the City with professional land use planning and environmental review consulting services for the Project pursuant to the terms and conditions of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional land use planning and environmental review consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, certification, or technical expertise necessary to perform the work and services contracted for herein.
D. City desires to retain Consultant to provide such professional land use planning and environmental review consulting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional
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2 land use planning and environmental review consulting services for the Project as set forth in the Proposal/Scope of Work, dated July 11, 2024, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.
Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated July 11, 2024 submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant
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3 shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
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4 1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Five Hundred Thousand Dollars ($500,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from October 23, 2024 through October 22, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.
Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any
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5 fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.
When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
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6 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on October 23, 2024 and ending on October 22, 2029, unless extended by mutual written agreement of the Parties.
3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Ryan Bensley, AICP, Principal in Charge. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons
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7 engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify,
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8 and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility & Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
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9 B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.
1. Intentionally omitted.
2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
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10 5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent
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11 as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
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12 5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
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13 F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the
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14 project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The
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15 terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
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16 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
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17 this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
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18 To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: LSA Associates, Inc.
Attention: Ryan Bensley, Principal in Charge
3210 El Camino Real, Suite 100
Irvine, California 92602
Telephone: (949) 553-0666
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
Modified Insr PSA 8082024
1836871.1
4866-4545-3273, v. 1
19 10.9 Labor Code Requirements.
A. 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 Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since 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 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 Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
1836871. l
4866-4545-3273, V. 1
(SEAL)
20 "CITY"
CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
"CONSULTANT"
LSA ASSOCIATES, INC., a California
corporation
B
Chief Financial Officer
Modified lnsr PSA 8082024
EXHIBIT "A"
CONSULTANT'S PROPOSAL/ SCOPE OF WORK
FOR
ON-CALL ENVIRONMENTAL REVIEW CONSULTING SERVICES
183687 1.1
4866-4545-3273, v. 1
DATED: JULY 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
M AY 202 4 SCH E D ULE OF STA N D A R D C ON T R AC T PR O V I S I O N S
AN D BIL LIN G R AT E S
W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2024 4 Update\StandardContractProvisions_2024.docx
HOURLY BILLING RATES EFFECTIVE MAY 20241
Job Classification
Hourly Rate
Range Environmental 2
Planning Transportation Air/Noise
Cultural/
Paleontological
Resources
Biology GIS
Principal Principal Principal Principal Principal Principal $190–$400 Associate Associate Associate Associate Associate Associate $150–$250 Senior Planner
Senior
Transportation
Planner/Engineer
Senior Air Quality/
Noise Specialist/
Noise Engineer
Senior Archaeologist/
Architectural Historian/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/Arborist
Senior GIS
Specialist $130–$235
Planner Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Archaeologist/
Architectural Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil Scientist/
Herpetologist/Arborist
GIS
Specialist $100–$165
Assistant
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Field Archaeologist/
Paleontologist
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/Arborist
Assistant
GIS
Specialist
$85–$130
Office Services
Marketing $110–$185
Office Assistant $110–$145
Project Accountant $110–$135
Document Management/Technical Editing/Graphics $115–$160 1 Revised September 27, 2024
2 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications.
LSA IN-HOUSE DIRECT COSTS EFFECTIVE MAY 20241, 2
Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3.75 per sq ft GPS Unit $75.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day 1 Revised September 27, 2024
2 Direct costs shall be reimbursed at cost plus 10 percent.
Item No. 5.5.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 22, 2024
To: Chair and Planning Agency Members
From: George Buell, Interim Community Development Director Issue: Parking Use Permit (PUP) No. 0183-2024, a Request by Kymmberly Vanier, Project Manager, on behalf of George Urban Advisors LLC, for Approval of a Joint Parking Use Permit for The Row- Laguna Hills Commerce Center Located at 23251-23451 Avenida De La Carlota, 23461- 23641 Ridge Route Drive, and 23501-23562 Commerce Center Drive
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and
3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Parking Use Permit (PUP) No. 0183-2024, a Request by Kymmberly Vanier, Project Manager, on behalf of George Urban Advisors LLC, for Approval of a Joint Parking Use Permit for The Row-Laguna Hills Commerce Center Located at 23251-23451 Avenida De La Carlota, 23461- 23641 Ridge Route Drive, and 23501-23562 Commerce Center Drive, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).” Background:
The Row- Laguna Hills Commerce Center (the “Center”) is located along Avenida De La Carlota and Ridge Route Drive. The project site consists of two parcels, including 22
Item No. 5.5.1
commercial buildings and 1,095 off- street parking spaces. Abutting the Center to the west is Laguna Hills Estates Mobile Home community. Abutting the Center to the north are existing industrial buildings, office buildings, and the Sonesta Select Hotel. To the east of the Center is Avenida De La Carlota and Interstate 5 and to the south is Ridge Route Drive and the City of Laguna Woods. Figure 1 below is a vicinity map of the project site:
Figure 1- Vicinity Map
Previously known as “Furniture Row”, the Center was approved by the County of Orange and constructed in the late 1970s. The Center’s site layout has remained unchanged from its original approval. The Center has 467,000 square-feet of floor area (gross building area less restrooms, elevator shafts, utility shafts), and consists of an eclectic mix of retail, restaurant, furniture showrooms, warehouses, and light industrial uses. The Center completed a façade remodel in 2015 beginning a transition away from furniture businesses. Retail and commercial recreation uses have been added along Avenida De La Carlota frontage including an indoor trampoline park, fitness uses, a bar/microbrewery, and other general retail businesses, which have broadened the tenant mix.
Item No. 5.5.1
Authority:
The process the City must follow in reviewing a Parking Use Permit (PUP) is found in Laguna Hills Municipal Code (“LHMC” or “Code”) Chapter 9-44 Access and Parking, and LHMC Chapter 9-92 Application Process and Submittal Requirements. LHMC Section 9-
44.070 (Joint Use of Parking Facilities) describes how the sharing of parking facilities can be approved, as long as there is sufficient parking for all existing and proposed uses within a site. The Planning Agency has review authority over the PUP process in accordance with LHMC Section 9-92.030.
The findings required for the subject application are found in LHMC Section 9-92.080.
Accordingly, Staff has prepared findings demonstrating that the application complies with the General Plan and Zoning Code as stated in the proposed Resolution (Attachment 1).
Proposal & Analysis:
The Zoning Code identifies the number of parking stalls required for a particular use or type of business based on parking requirements contained in LHMC Table 9-44.A (Number of Parking Stalls Required). The parking requirements for a business are typically calculated by applying the ratio identified by LHMC Table 9-44.A to the gross floor area (GFA) of the use. The City’s approach to determining the amount of required parking for a use assumes businesses utilize 100% of the required parking at all times.
This is a common approach that cities utilize in determining the parking needs for nonresidential uses, but it can overstate required parking.
For commercial centers, required parking is based on the total parking needed to serve all businesses. The parking requirements are compared to the total parking inventory to determine if there is a surplus or deficit of parking stalls. Since commercial centers typically have a variety of uses that have differing parking demands, the Code provides for the establishment of joint use of parking facilities through the submittal of a shared parking plan and Planning Agency approval of a Joint Parking Use Permit (LHMC Section 9-44.070).
Kymmberly Vanier, Project Manager, on behalf of George Urban Advisors LLC (the “Applicant”) requests approval of a Joint Parking Use Permit (PUP), which includes a Parking Study (the “Study”) prepared by Watry Design, Inc (Attachment 2). The purpose of the PUP is to accommodate a desired tenancy mix allowing a variety of uses to benefit from the PUP.
The Study evaluated the parking demand based on three methodologies for determining
Item No. 5.5.1
parking demands for a shopping center. These methodologies included Institute of Transportation Engineers (ITE) Parking Generation 6th edition, Urban Land Institute (ULI) shared parking 3rd generation, and Laguna Hills Municipal Code Parking Requirements.
The Study also included simulated requirements for vacant tenant spaces in the Center.
Within Appendix A: Tenant List of the Study, the vacant tenant spaces use the parking demand of the previously approved use of the tenant space. At the time of the parking study, there were 53,258 square feet of vacant tenant space.
Furthermore, when analyzing shared parking, the City has typically increased required parking by an additional 10% as a best practice to account for potential parking demand fluctuations. When combining the peak parking demand (Weekdays, 5:00 P.M.), the required parking for vacant tenant spaces, including the 10% buffer, the calculated parking demand is 1,021 parking stalls for the Center. With a proposed parking inventory of 1,095 stalls, a projected surplus of 74 stalls will remain available for the Center, which results in an adequate number of parking stalls to accommodate the proposed use mix of tenants during all times of the year assuming a full tenant occupancy scenario. Approval of the proposed PUP will better reflect the Center’s parking demand, and enable the Applicant to use the Center’s surplus parking capacity for a wide range of potential new tenants that may require a higher parking demand, such as health clubs, commercial recreation, and retail service.
Given the results of the Study, it is appropriate to establish a shared parking approach for The Row- Laguna Hills Commerce Center through the City’s PUP process, and allow the Applicant the opportunity to establish a more efficient approach for the use of the existing parking supply. Use of the shared parking approach will provide a degree of flexibility in how parking demand is calculated, enabling the property owner to attract additional tenants.
Conclusion:
Staff believes the submitted Study demonstrates that there is adequate parking available at the Center to accommodate existing uses under the current operating environment, as well as additional projected parking demand. The Study has effectively shown that the Center’s peak parking demand is below the parking required by strict application of the City’s standard parking requirements. The Study also satisfies the requirements of LHMC Section 9-44.070, which requires a detailed joint parking use plan. Therefore, the approval of this PUP will reflect the Center’s actual parking demand, and enable the Applicant to use the parking surplus parking capacity for a wide range of potential new tenants that may draw a higher parking demand.
Item No. 5.5.1
As a standard City practice for PUPs, staff requires applicants to address future changes in parking demand due to tenant turn-over and change in the mix of uses once the PUP has been approved. For instance, Condition of Approval No. 12 provides the Community Development Director the ability to request an update to the Study if the tenant mixture at any time becomes problematic to the Center’s parking and circulation. Therefore, staff is recommending approval, subject to the conditions of approval as listed in the attached Resolution.
Public Notice:
The proposed project was advertised in an adjudicated newspaper of general circulation on October 10, 2024. A total of 463 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date, no comments have been received. Any written comments received will be distributed at the Planning Agency Public Hearing.
CEQA Findings:
Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities). This exemption applies to the permitting or minor alteration of existing structures.
Fiscal Impact:
None.
Attachments:
1. Proposed Resolution of Approval
2. Parking Study
RESOLUTION NO. PA2024-10-22-X
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING
PARKING USE PERMIT (PUP) NO. 0183-2024, A REQUEST
BY KYMMBERLY VANIER, PROJECT MANAGER, ON
BEHALF OF GEORGE URBAN ADVISORS LLC, FOR
APPROVAL OF A JOINT PARKING USE PERMIT FOR THE
ROW- LAGUNA HILLS COMMERCE CENTER LOCATED
AT 23251-23451 AVENIDA DE LA CARLOTA, 23461- 23641
RIDGE ROUTE DRIVE, AND 23501-23562 COMMERCE
CENTER DRIVE, INCLUDING AN EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PER CEQA GUIDELINES SECTION 15301 OF TITLE 14,
CHAPTER 3 OF THE CALIFORNIA CODE OF
REGULATIONS (CLASS 1, EXISTING FACILITIES).
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:
WHEREAS, Kymmberly Vanier, Project Manager, on behalf of George Urban Advisors LLC (“the Applicant”), has filed an application for Parking Use Permit (PUP No. 0183-2024), a request for approval of a Joint Parking Use Permit for The RowLaguna Hills Commerce Center Located at 23251-23451 Avenida De La Carlota, 23461- 23641 Ridge Route Drive, and 23501-23562 Commerce Center Drive in the Freeway Commercial zoning district (“Project”); and
WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations. This exemption applies to the permitting or minor alteration of existing structures; and WHEREAS, on October 22, 2024, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct, and are incorporated herein by reference.
SECTION 2. That Planning Agency hereby determines that the required findings by the City for approval of Parking Use Permit PUP No. 0183-2024 have been met and made as follows:
Resolution No. PA2024-10-22-X
Parking Use Permit
1. The proposed Joint Parking Use Permit is consistent with the intent and purpose of the Development Code.
The City’s parking requirements are contained in LHMC Chapter 9-44. The intent of the parking requirements in the Development Code is to ensure that all land uses provide safe access and on-site circulation with adequate off-street parking facilities. The Development Code allows for shared use of parking facilities provided that it can be shown that adequate parking for all users is maintained.
The Applicant has demonstrated that based upon the existing actual demand for existing uses, and the Code-required parking for vacancies and future uses, there is sufficient parking for the planned tenant mix, including uses that may have higher parking ratios. A comprehensive shared parking plan allows additional flexibility in leasing to a larger variety of users and allows a more efficient use of the existing parking supply. Condition of Approval No. 12 provides the Community Development Director with the ability to address parking and/or circulation issues relative to any change in any use or any portion of any use (i.e., change in tenant mix) to ensure the proposed Joint Parking Use Permit remains consistent with the requirements of the Development Code.
2. The Joint Parking Use Permit provides a reasonable and enforceable means for all uses to share parking facilities.
The shared parking approach proposed is enforceable upon all current and future tenants to ensure the parking is available. Any changes to the property affecting access or parking would require City approval, at which time the impact on shared parking would be evaluated. This Parking Use Permit is binding and enforceable against the property owner and all existing and future owner(s) and tenants of the property per the project conditions of approval. Additionally, the Community Development Director may evaluate the available parking supply for any change in tenant mix as provided for in Condition of Approval No. 12.
3. The requirement for parking established by the Joint Parking Use Permit shall assure that the parking demands for the participating uses are continually met.
This Parking Use Permit is binding and enforceable against the property owner and all existing and future owner(s) and tenants of the Center per the conditions of approval. Additionally, the Community Development Director may evaluate the available parking supply when any change in tenancy, or mix of uses is proposed at the subject site as provided for in Condition of Approval No. 12. Therefore, parking demand will continually be met. Should a parking issue occur resulting from a change in the tenancy or mix of uses, the Community Development Director, per Condition of Approval No. 12, can require the property owner to provide a parking study to demonstrate that parking is still sufficient.
4. The proposed use is consistent with the General Plan.
The Project is consistent with the goals and policies of the General Plan. In particular, with regard to parking, the General Plan under the Mobility Element (MPage 403 of 427 Resolution No. PA2024-10-22-X
15) states the importance of utilizing a broad range of parking management tools to balance parking spillover effects and excessive parking requirements, to encourage efficient use of the land. Currently, the subject parking lot is often underutilized. Establishing formal shared parking will allow the property to accommodate the additional demand for a variety of other land uses, utilizing currently underused parking, while still providing adequate parking for all users.
5. The nature, condition, and development of adjacent uses, buildings, and structures have been considered and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.
Reciprocal ingress/egress and reciprocal use of parking lot areas has already been established between the multiple buildings and shared parking and the subject proposal is to continue and expand the shared parking facilities in support of the square footage of the subject Building with a variety of uses allowed in the Freeway Commercial zoning district. Conditions of approval ensure the use of shared parking on the site will not be materially detrimental. For example, Condition of Approval No. 12 requires the property owner to update the parking and circulation study whenever a change tenancy, or a change in the mix of uses is proposed.
These requirements will ensure sufficient parking is available on the site for current and future tenants and uses.
6. The proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.
The Project Site is improved with commercial buildings, parking lot, and landscaping around the perimeter and in interior areas of the site. The project site is typical of other commercial centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property.
The City’s shared parking regulations contained in LHMC 9-44.070 allow property owners to base parking need on actual demand with the completion of a parking study to determine if a parking surplus exists on the property. The Applicant has submitted a parking study (“Study”) to evaluate the anticipated parking demand for the Project Site. When factoring in the existing and anticipated tenant mix and applying the ULI parking methodology, there is a total parking demand of 1,021 stalls, resulting in a surplus of 74 parking stalls. Off-site uses in the vicinity will not be impacted by the proposed shared parking approach since the Project Site will maintain all of the improvements required to function. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s implementation of a shared parking approach will not result in inadequate parking now or in the future.
7. All required development standards prescribed by the Development Code can be achieved.
The proposed Joint Parking Use Permit will enable the property owner to determine required parking based on actual parking demand, and enable the property owner to accommodate a wider range of potential new tenants,
Resolution No. PA2024-10-22-X
broadening the range of services to serve the public, that may have higher Development Code parking requirements.
The Applicant, in cooperation with the property owner, has submitted a parking study (“Study”) to evaluate the actual parking demand for the Project Site. When factoring in the proposed tenant mix and utilizing the ULI shared parking methodology, there is a total parking demand of 1,021 stalls, resulting in a surplus of 74 parking stalls. Off-site uses in the vicinity will not be impacted by the proposed shared parking approach since the Project Site will maintain all of the improvements required to function. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s implementation of a shared parking approach will not result in inadequate parking now or in the future.
8. The conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.
The conditions of approval will ensure that the approval of the Joint Parking Use Permit will not result in the conditions described above. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenant mix and ensure the adequate parking will be available for all uses. The ability to evaluate required parking for any change in mix of uses, and require reasonable mitigation measures based on future updates to the parking study to be implemented by the Applicant will ensure that incompatible conditions with adjacent or abutting uses will not materialize as a result of the approval of a Joint Parking Use Permit, and ensure that the public peace, safety and welfare is maintained.
NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve PUP No. USE-0183-2024 subject to the following conditions:
General
1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: Kymmberly Vanier, Project Manager, on behalf of George Urban Advisors, LLC, the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.
2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Parking Use Permit (PUP) No. USE-0183-2024, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the project, and as otherwise modified by these Conditions of Approval.
Resolution No. PA2024-10-22-X
3. Unless the context dictates otherwise, whenever the term “project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the project, as modified by these Conditions of Approval.
4. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, attorneys, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures), judgments, orders and decisions (collectively "Claims" and “Actions”), brought against the Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or approval issued by the Indemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the approval of this Permit. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the Indemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.
5. Approval of this Permit constitutes approval of the proposed project only to the extent that it complies with the City’s Development Code and any other applicable zoning regulations. Approval does not include any action or findings as to compliance or approval of the project regarding any other applicable ordinance, regulation, or requirement.
6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.
7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.
8. The conditions of project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or exactions.
The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this project through the Conditions of Approval, commencing from the date of approval of the project, has begun.
Resolution No. PA2024-10-22-X
9. Pursuant to City Council Resolution No. 2017-07-11-2, the Applicant shall reimburse the City for any outstanding staff time spent on the processing of this Permit within 60 days of the Planning Agency’s approval.
10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from October 22, 2024.
11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.
Joint Parking Use Permit
12.If at any time in the future the Community Development Director determines, in his or her sole discretion, that a parking and circulation study is necessary to address parking and/or circulation issues relative to any change in any use or any portion of any use (i.e., change in tenant mix) on the subject property, the Applicant shall, at its sole cost and expense, be responsible for the cost of a parking and circulation study prepared by a licensed consultant selected by the City. Said parking and circulation shall be prepared by a qualified professional within 60 days of director determination. The Applicant shall, at its sole cost and expense, be responsible for implementation costs of any reasonable mitigation measures deemed appropriate by the Director related to such impacts based on the findings of such study.
PASSED, APPROVED AND ADOPTED this 22nd day of October 2024. ____________________________________
DAVE WHEELER, CHAIR
ATTEST:
______________________________________
JENNIFER LEE, CITY CLERK
Resolution No. PA2024-10-22-X
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. PA2024-10-22-X adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 22nd day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
JENNIFER LEE, CITY CLERK
P:\Projects\2024\24005 The Row Laguna Hills\2-WDI\2-Arch_Park\Reports\The Row Demand Study\2024-08-16 v2\The Row Parking Demand Analysis 2024-09-13.docx San Jose, CA • Long Beach, CA
watrydesign.com
Memorandum
INTRODUCTION
The following memorandum provides a parking demand analysis for The Row commercial center located in Laguna Hills, California. The project site includes 22 commercial buildings with approximately 467,000 square feet of leasable area. The buildings are low density single story commercial buildings with dispersed off-street parking located throughout the site.
Figure 1: Project Site Plan
Date: Sept. 13, 2024 WDI No.: 24005
Project: The Row Laguna Hills
From: Taylor Kim
To: George Urban Advisors
Regarding: Parking Demand Analysis
The Row Sept. 13, 2024
WDI # 24005 Page 2 of 5
P:\Projects\2024\24005 The Row Laguna Hills\2-WDI\2-Arch_Park\Reports\The Row Demand Study\2024-08-16 v2\The Row Parking Demand Analysis 2024-09-13.docx San Jose, CA • Long Beach, CA
watrydesign.com
The site features a variety of tenants and predominantly includes furniture retailers, professional offices, auto services and fitness studios/classes. Figure 3 summarizes the total square feet of each of the land uses and a complete list of the tenants is provided in Appendix A.
The site currently has approximately 1,095 off-street parking spaces serving the project. This provides an average parking ratio of 2.34 stalls per 1,000 SF GFA.
This report evaluate the parking demand for this project based on the following methodologies:
• City of Laguna Hills Municipal Code (LHMC) parking requirements • ITE Parking Generation, 6th edition
• ULI Shared Parking, 3rd edition
CITY REQUIREMENTS
The following is a summary of the City of Laguna Hills Parking Requirements (LHMC Table §9-44.A) for the current land uses within this project area.
Figure 2: City Parking Requirements
*10/ksf up to 4,000 sq. ft. + 20/ksf for area above 4000 sq. ft.
Based on the current land uses, the project site requires 1,728 parking spaces per LHMC parking requirements.
The breakdown of demand for each use is provided in Figure 3. There is a deficit of 633 spaces based on the zoning code required ratios.
Vacant suites are assumed to be one of the 8 land uses based on its likely tenancy in the future. The assumed land use for the vacant suites can be found in Appendix A.
LHMC LAND USE PARKING REQ.
General Manufacturing 2.5 / ksf
Warehouse 0.67 / ksf
Business and Professional Office 3.3 / ksf
Automotive Service and Repair 2.0 / ksf
Furniture Stores 2.0 / ksf
General Retail 5.0 / ksf
Restaurants 10.0 / ksf*
Gyms, spas and health clubs 10.0 / ksf
TOTAL 3.7 / ksf**
The Row Sept. 13, 2024
WDI # 24005 Page 3 of 5
P:\Projects\2024\24005 The Row Laguna Hills\2-WDI\2-Arch_Park\Reports\The Row Demand Study\2024-08-16 v2\The Row Parking Demand Analysis 2024-09-13.docx San Jose, CA • Long Beach, CA
watrydesign.com
Figure 3: Parking Demand per City Requirements
ITE PARKING GENERATION
The Institute of Transportation Engineers’ (ITE) Parking Generation Manual, 6th edition provides parking demand data for a comprehensive list of land uses based on survey data. The Manual provides data and information that allows projects to forecast parking demand for weekday and weekend peak periods for a specific land use.
Figure 4 summarizes the ITE parking demand ratios and required spaces for this project. Based on the ITE demand data, weekday parking demand is higher than weekend demand, with a total of 864 parking spaces.
There is a parking surplus of 231 spaces based on the peak demand data provided in the ITE manual. Similar to the LHMC calculation, the vacant spaces are calculated under its potential future land use as listed in Appendix A.
Figure 4: ITE Parking Ratios and Demand
LHMC LAND USE PROGRAM PARKING REQ. REQ. SPACES
General Manufacturing 31,345 2.5 / ksf 78
Warehouse 76,383 0.67 / ksf 51
Business and Professional Office 77,982 3.3 / ksf 257
Automotive Service and Repair 60,622 2.0 / ksf 121
Furniture Stores 128,204 2.0 / ksf 256
General Retail 11,250 5.0 / ksf 56
Restaurants 13,410 10.0 / ksf* 228
Gyms, spas and health clubs 67,880 10.0 / ksf 679
TOTAL 467,076 3.7 / ksf** 1,728
**10/ksf up to 4,000 sq. ft. + 20/ksf for area above 4000 sq. ft. **Weighted Average of Current Program
ITE LAND USE PROGRAM PARKING REQ. REQ. SPACES PARKING REQ. REQ. SPACES General Light Industrial (110) 31,345 0.67 / ksf 21 0.00 / ksf 0 Warehousing (150) 76,383 0.37 / ksf 28 0.00 / ksf 0
Small Office Bldg (712) 77,982 1.85 / ksf 144 0.00 / ksf 0 Auto Parts and Service Center (943) 60,622 1.79 / ksf 109 0.00 / ksf 0 Furniture store (890) 128,204 0.45 / ksf 58 0.85 / ksf 109 Strip Retail Plaza (822) 11,250 2.79 / ksf 31 3.13 / ksf 35 High-Turnover (Sit Down) Restaurant (932) 13,410 8.97 / ksf 120 14.27 / ksf 191 Health/Fitness Club (492) 67,880 5.20 / ksf 353 3.48 / ksf 236 TOTAL 467,076 1.9 / ksf** 864 1.2 / ksf** 572
**Weighted Average of Current Program
WEEKDAY DEMAND WEEKEND DEMAND
The Row Sept. 13, 2024
WDI # 24005 Page 4 of 5
P:\Projects\2024\24005 The Row Laguna Hills\2-WDI\2-Arch_Park\Reports\The Row Demand Study\2024-08-16 v2\The Row Parking Demand Analysis 2024-09-13.docx San Jose, CA • Long Beach, CA
watrydesign.com
SHARED PARKING
This third analysis is based on the Shared Parking methodology, which is a widely accepted standard for estimating parking demand in a mixed-use project. The purpose of applying the shared parking analysis is to further analyze how many parking spaces are needed for a mixed-use development based on a specific combination of land uses. It has become widely accepted that a mix of land uses that have the ability to share parking results in an overall reduction of parking needs than the sum of each individual land use, due to variations in demand during different time-of-day and days of the week.
The Shared Parking analysis considers the varying peak demand and use patterns for different land use to calculate the maximum parking demand for the specific combination of uses. Therefore, it represents a more appropriate parking demand for that project. Shared parking also separates parking demand for visitors and employees for each land use allowing the analysis to capture additional subtleties in the peak parking demands.
The Shared Parking analysis has its own set of base parking ratio based on ITE Parking Generation Manual and case studies. However, the shared parking methodology will reduce the effective parking demand ratio based on the combination of uses and determine a peak weekday and weekend demand. The following Figure 5 summarizes the base parking demand used in the shared parking model for the land uses at The Row.
Figure 5: Shared Parking Base Ratios
Shared Parking does not include ratios for the following land uses: General Light Industrial, Warehousing, Auto Parts and Service, or Furniture Stores. Therefore, parking demand ratios from the ITE manual were used for these land uses for the purposes of this analysis.
Based on the shared parking analysis, the total peak parking demand needed for the current combination of tenants is approximately 928 parking spaces during the peak hour, which occurs at 5 p.m. on a weekday. A parking surplus of 167 parking spaces is estimated based on the Shared Parking’s peak demand.
Unit
Visitor Employee Total Visitor Employee Total
2.90 0.70 3.60 3.20 0.80 4.00 ksf
13.25 2.25 15.50 15.25 2.50 17.75 ksf
6.60 0.40 7.00 5.50 0.25 5.75 ksf
0.30 3.50 3.80 0.03 0.35 0.38 ksf
0.00 0.67 0.67 0.00 0.00 0.00 ksf
0.00 0.37 0.37 0.00 0.00 0.00 ksf
0.00 1.79 1.79 0.00 0.00 0.00 ksf
Furniture Store 0.45 0.00 0.45 0.85 0.00 0.85 ksf
Land Use
Weekday Weekend
Retail (<400 ksf)
Fine/Casual Dining
Health Club
Office <25 ksf
General Light Industrial
Warehousing
Auto Parts and Service
The Row Sept. 13, 2024
WDI # 24005 Page 5 of 5
P:\Projects\2024\24005 The Row Laguna Hills\2-WDI\2-Arch_Park\Reports\The Row Demand Study\2024-08-16 v2\The Row Parking Demand Analysis 2024-09-13.docx San Jose, CA • Long Beach, CA
watrydesign.com
Figure 6: Land Use categories for Shared Parking Model
CONCLUSION
Parking demand is not an exact science and unique site factors can affect parking demand at a particular project.
Therefore, it is beneficial to look at different sources of parking demand, since one method of projecting parking demand may not forecast actual demand.
Based on the three parking demand calculations performed for The Row, ITE’s average parking demand ratios and ULI’s Shared Parking methodology indicate that the peak parking demand will be less than the 1,095 parking spaces available at the project site. The parking demand is estimated to be the following under the 3 methodologies calculated:
• LHMC - 1,728 spaces
• ITE Parking Generation – 864 spaces (weekday)
• Shared Parking – 928 spaces (weekday 5pm)
The City’s parking requirement does not account for any shared parking and is likely a conservative requirement for the low-density land uses present at The Row. We conclude that the current parking supply is sufficient to meet the site’s parking needs based on the demand calculated under ITE demand data and ULI’s Shared Parking methodology. The Shared Parking methodology of parking demand provides a better indicator of the site’s parking demand considering the varying land uses present at this site, rather than the sum of each individual tenant’s parking demand.
Quantity Unit 5 PM December 6 PM December
Retail (<400 ksf) 11,250 sf GLA 2.90 100% 89% 2.59 ksf GLA 3.20 100% 60% 1.93 ksf GLA 85% 100% 18 65% 100% 14 Employee 0.70 100% 100% 0.70 0.80 100% 100% 0.80 100% 100% 8 85% 100% 8 Fine/Casual Dining 13,410 sf GLA 13.25 100% 79% 10.52 ksf GLA 15.25 100% 99% 15.11 ksf GLA 75% 100% 131 90% 100% 183 Employee 2.25 100% 100% 2.25 2.50 100% 100% 2.50 100% 100% 31 100% 100% 34 Health Club 67,880 sf GLA 6.60 100% 96% 6.32 ksf GLA 5.50 100% 100% 5.49 ksf GLA 90% 100% 402 95% 100% 355 Employee 0.40 100% 100% 0.40 0.25 100% 100% 0.25 100% 100% 28 100% 100% 17 Office <25 ksf 77,982 sf GFA 0.30 100% 100% 0.30 ksf GFA 0.03 100% 100% 0.03 ksf GFA 10% 100% 2 5% 100% - Reserved empl 0.00 100% 100% 0.00 0.00 100% 100% 0.00 100% 100% - 100% 100% - Employee 3.50 100% 100% 3.50 0.35 100% 100% 0.35 60% 100% 164 5% 100% 1 General Light Industrial 31,345 0.00 100% 100% 0.00 0.00 100% 100% 0.00 10% 100% - 5% 100% - Employee 0.67 100% 100% 0.67 0.00 100% 100% 0.00 60% 100% 13 5% 100% - Warehousing 76,383 0.00 100% 100% 0.00 0.00 100% 100% 0.00 10% 100% - 5% 100% - Employee 0.37 100% 100% 0.37 0.00 100% 100% 0.00 60% 100% 17 5% 100% - Auto Parts and Service 60,622 0.00 100% 100% 0.00 0.00 100% 100% 0.00 10% 100% - 5% 100% - Employee 1.79 100% 100% 1.79 0.00 100% 100% 0.00 60% 100% 65 5% 100% - Furniture Store 128,204 0.45 100% 100% 0.45 0.85 100% 100% 0.85 85% 100% 49 75% 100% 82 Employee 0.00 100% 100% 0.00 0.00 100% 100% 0.00 100% 100% - 85% 100% - 467,076 602 634
326 60
- -
928 694
Additional Land Uses
Total
Reserved
Employee/Resident
Customer/Visitor Customer/Visitor
Employee/Resident
Total
Reserved
Office
Base
Ratio
Unit For
Ratio
Estimated
Parking
Demand
Retail
NonCaptive
Ratio
Project
Ratio
NonCaptive
Ratio
Project
Ratio
Driving
Adj
Entertainment and Institutions
Hotel and Residential
Food and Beverage
Base
Ratio
Driving
Adj
Peak Hr
Adj
Weekend
Shared Parking Demand Summary
Peak Month: DECEMBER -- Peak Period: 5 PM, WEEKDAY
Weekday Weekend Weekday
Project Data
Land Use Peak Mo
Adj Unit For
Ratio
Estimated
Parking
Demand
Peak Hr
Adj
Peak Mo
Adj
APPENDIX A: Tenant List
Tenant
#
Building #,
Suite Tenant Land Use (LHMC) Land Use (ITE) GFA(SF)
1 251AV-A H2O Partners, LLC Gyms, Spas and Health Clubs Health/Fitness Club (492) 25,613 2 301AV-A Majestic International General Retail Strip Retail Plaza (822) 7,500 3 301AV-B Cebula Craft Brewing LLC Restaurants (Dine-In) High-Turnover (Sit Down) Restaurant (932) 6,904 4 301AV-C Cebula Craft Brewing LLC Restaurants (Dine-In) High-Turnover (Sit Down) Restaurant (932) 6,506 5 351AV-A Vacant - Potential Jiu Jitsu Gyms, Spas and Health Clubs Health/Fitness Club (492) 8,349 6 351AV-B1 Adana Turkiye Furniture, Inc. Furniture stores Furniture store (890) 6,000 7 351AV-B2 Daniel K. Designs Inc. Furniture stores Furniture store (890) 6,000 8 401AV-A/B/C/D Jerome's Furniture Warehouse Furniture stores Furniture store (890) 32,962 9 451AV-A1 Lamps Plus, Inc. Furniture stores Furniture store (890) 13,020 10 451AV-A2 Backyard Expressions Inc. Furniture stores Furniture store (890) 11,760 11 451AV-B Mac Flooring Furniture stores Furniture store (890) 8,090 12 451AV-C Design Studio Furniture stores Furniture store (890) 8,050 13 451AV-D Ortho Mattress Inc Furniture stores Furniture store (890) 8,050 14 461RR-A Hunt Consignments & Exchanges, Inc. Furniture stores Furniture store (890) 8,196 15 461RR-D South County Outreach Business and Professional Office Small Office Bldg (712) 5,680 16 461RR-E WW10 Imports Inc Furniture stores Furniture store (890) 1,506 17 461RR-FG Joes, Inc. Warehouse Warehousing (150) 5,548 18 461RR-H Joes, Inc. Warehouse Warehousing (150) 2,336 19 461RR-I Vacant Warehouse Warehousing (150) 10,613
20 501CC-A Vacant Automotive service and repair Auto Parts and Service Center (943) 8,739 21 501CC-B Pacific German Inc Automotive service and repair Auto Parts and Service Center (943) 6,775 22 501RR-A Maestro Bath Showroom Furniture stores Furniture store (890) 3,757 23 501RR-B SEFB Company General Manufacturing General Light Industrial (110) 7,514 24 501RR-D Cal Pro Construction Inc. Business and Professional Office Small Office Bldg (712) 3,645 25 501RR-E Cutting Edge Plastics General manufacturing General Light Industrial (110) 3,750 26 501RR-F Jockimo Incorporated Furniture stores Furniture store (890) 3,750 27 501RR-G Laguna Candles, LLC General Retail Strip Retail Plaza (822) 3,750 28 502CC-A Vacant Business and Professional Office Small Office Bldg (712) 5,096 29 502CC-B Socal Classic Car Storage, LLC Warehouse Warehousing (150) 5,133 30 502CC-C Socal Classic Car Storage, LLC Warehouse Warehousing (150) 5,134 31 512CC-AC Laguna Woods Auto Repair, Inc. Automotive service and repair Auto Parts and Service Center (943) 4,878 32 512CC-BD Vacant Automotive service and repair Auto Parts and Service Center (943) 4,962 33 521RR-A Fox Chandelier LLC Furniture stores Furniture store (890) 2,808 34 521RR-B The Birdhouse Indoor Golf LLC Gyms, Spas and Health Clubs Health/Fitness Club (492) 4,551 35 521RR-C International Electronic Components Business and Professional Office Small Office Bldg (712) 3,824 36 522CC-B Socal Classic Car Storage, LLC Warehouse Warehousing (150) 11,151 37 531RR-A MV Printing Solutions, Inc. Business and Professional Office Small Office Bldg (712) 4,500 38 531RR-B 4M Outdoor LLC & Pacific Air Cooled, LLC Automotive service and repair Auto Parts and Service Center (943) 4,625 39 531RR-C Intl Electronic Components USA Inc Business and Professional Office Small Office Bldg (712) 4,625 40 532CC-A Protec Association Services, LLC Business and Professional Office Small Office Bldg (712) 5,576 41 532CC-B Simmons Glass Furniture stores Furniture store (890) 5,575 42 541RR-A Integro Construction Products & Services Business and Professional Office Small Office Bldg (712) 3,366 43 541RR-B Tellus Power Green Business and Professional Office Small Office Bldg (712) 7,793 44 541RR-C SEFB Company General Manufacturing General Light Industrial (110) 6,006 45 551CC-AB Vacant Automotive service and repair Auto Parts and Service Center (943) 3,420 46 551CC-C Southland Auto Care Automotive service and repair Auto Parts and Service Center (943) 2,280 47 551CC-D Vacant Automotive service and repair Auto Parts and Service Center (943) 2,280 48 551CC-E Essence Motorsports LLC Automotive service and repair Auto Parts and Service Center (943) 2,280 49 551CC-FG/H Simons Auto Body & Frame Inc. Automotive service and repair Auto Parts and Service Center (943) 6,840 50 551CC-I Simons Auto Body & Frame Inc. Automotive service and repair Auto Parts and Service Center (943) 2,280 51 552CC-A Vacant Business and Professional Office Small Office Bldg (712) 1,440 52 552CC-B SEFB Company Warehouse Warehousing (150) 1,440 53 552CC-C Signarama Business and Professional Office Small Office Bldg (712) 1,440 54 552CC-D JLAB Ventures LLC Business and Professional Office Small Office Bldg (712) 1,440 55 552CC-E/A/B Surface Concepts & Slabs, Inc. Warehouse Warehousing (150) 17,692 56 552CC-F Czar Training - personal trainer Gyms, Spas and Health Clubs Health/Fitness Club (492) 1,420 57 552CC-G Haula Hula Lana Gyms, Spas and Health Clubs Health/Fitness Club (492) 1,400 58 552CC-H OMG Kitchen & Bath Specialists, Inc. Furniture stores Furniture store (890) 1,440 59 552CC-I SEFB Company Warehouse Warehousing (150) 1,440 60 552CC-J Naheed Talfiq Business and Professional Office Small Office Bldg (712) 1,440 61 552CC-K Pioneer Homecare Inc. Business and Professional Office Small Office Bldg (712) 1,440 62 552CC-L Silke Enterprises LLC Business and Professional Office Small Office Bldg (712) 1,440 63 552CC-MN Lumaro Business and Professional Office Small Office Bldg (712) 2,880 64 552CC-OP Martin Auto Color, Inc. Automotive service and repair Auto Parts and Service Center (943) 2,880 65 552CC-Q Sophisticated Living Interior Design Furniture stores Furniture store (890) 1,440 1
APPENDIX A: Tenant List
66 552CC-R Nabli International Business and Professional Office Small Office Bldg (712) 1,440 67 552CC-S Zest in a Bowl Inc Business and Professional Office Small Office Bldg (712) 1,440 68 552CC-T Garza Family Enterprises Inc Business and Professional Office Small Office Bldg (712) 1,440 69 552CC-U Brodino Broth Company Inc Warehouse Warehousing (150) 2,160 70 561RR-A Vacant Warehouse Warehousing (150) 4,471
71 561RR-B Faradji Designs Inc. Business and Professional Office Small Office Bldg (712) 1,400 72 561RR-C Beach Cities Auto Glass, LLC Automotive service and repair Auto Parts and Service Center (943) 1,400 73 561RR-D Vacant Business and Professional Office Small Office Bldg (712) 1,358 74 561RR-E Viaroma LLC Business and Professional Office Small Office Bldg (712) 1,366 75 561RR-FG Radiant Surface Concepts Furniture stores Furniture store (890) 2,800 76 561RR-H/I Grapplers Studio, LLC Gyms, Spas and Health Clubs Health/Fitness Club (492) 2,800 77 561RR-J Elevate Automotive Automotive service and repair Auto Parts and Service Center (943) 1,400 78 561RR-K Elevate Automotive Automotive service and repair Auto Parts and Service Center (943) 1,400 79 561RR-L Details a Design Firm, LLC Business and Professional Office Small Office Bldg (712) 1,400 80 561RR-M Wiztree Solutions LLC Business and Professional Office Small Office Bldg (712) 1,400 81 561RR-N India Super Mart LLC Business and Professional Office Small Office Bldg (712) 1,383 82 561RR-O Extreme Excellence Detailing Automotive service and repair Auto Parts and Service Center (943) 1,383 83 561RR-P Cal-State Auto Parts, Inc. Automotive service and repair Auto Parts and Service Center (943) 1,400 84 561RR-Q Cal-State Auto Parts, Inc. Automotive service and repair Auto Parts and Service Center (943) 1,400 85 561RR-RS Carrington Mortgage Services, LLC Business and Professional Office Small Office Bldg (712) 2,800 86 561RR-T Faradji Designs Inc. Business and Professional Office Small Office Bldg (712) 1,435 87 561RR-U SBG Studios LLC Business and Professional Office Small Office Bldg (712) 1,435 88 601RR-A V & T Dance, LLC Gyms, Spas and Health Clubs Health/Fitness Club (492) 5,365 89 601RR-B Nexgo, Inc Business and Professional Office Small Office Bldg (712) 4,060 90 601RR-C Custom Machining Services, Inc. General manufacturing General Light Industrial (110) 9,425 91 621RR-A Wave Gymnastics, LLC Gyms, Spas and Health Clubs Health/Fitness Club (492) 11,192 92 621RR-B Art & Mirror Center Furniture stores Furniture store (890) 3,000 93 621RR-C Vacant -Propsective Sway Ballroom Gyms, Spas and Health Clubs Health/Fitness Club (492) 2,530 94 641RR-A Kelly Spicers Inc. Warehouse Warehousing (150) 9,265 95 641RR-B Flex OC Gym Gyms, Spas and Health Clubs Health/Fitness Club (492) 4,660 96 641RR-C Custom Machining Services, Inc. General manufacturing General Light Industrial (110) 4,650 TOTAL 467,076
Indicates Projected Land Use
2
Item No. 7.1.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 22, 2024
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: First Reading and Introduction of Ordinance entitled: “An Ordinance of the City of Laguna Hills, California, Amending and Restating Section 2-04.010 (Time of Regular Meetings) of Chapter 2-04 (City Council) of Title 2 (Administration and Personnel) of the Laguna Hills Municipal Code Establishing the Dates and Time of City Council Regular Meetings” Recommendation: That the City Council introduce for first reading, read by title only, and waive further reading of an Ordinance changing the start time for City Council regular meetings, entitled: “An Ordinance of the City of Laguna Hills, California, Amending and Restating Section 2-04.010 (Time of Regular Meetings) of Chapter 2-04 (City Council) of Title 2 (Administration and Personnel) of the Laguna Hills Municipal Code Establishing the Dates and Time of City Council Regular Meetings” Background:
At the October 8, 2024, regular meeting, the City Council discussed a desire to change the start time for regular City Council Meetings so that the meetings will start one hour sooner: for the general business session, from seven p.m. to six p.m., which would also change the start time for closed sessions held as part of the regular meetings of the City Council from six p.m. to five p.m. The proposed ordinance would implement this Council-desired change, which change will commence on January 1, 2025 after the ordinance is adopted. The proposed change will still allow closed session meetings of the City Council to be scheduled as part of the general business session when necessary. Additionally, the City Council may still call Special Meetings for purposes of conducting closed session meetings as well as for the purpose of conducting City Council study sessions/council workshops.
Item No. 7.1.1
Fiscal Impact:
Changing the start time for regular City Council meetings to be earlier than current start time could result in a minor reduction in the amount of comp time being paid to staff members to attend the meetings of the City Council outside City Hall operating hours.
Attachments:
1. Proposed Ordinance
4889-2406-8078, v. 1
ORDINANCE NO. 2024-X
AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, AMENDING AND RESTATING SECTION 2-
04.010 (TIME OF REGULAR MEETINGS) OF CHAPTER 2-
04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE LAGUNA HILLS MUNICIPAL CODE
ESTABLISHING THE DATES AND TIME OF CITY COUNCIL
REGULAR MEETINGS
WHEREAS, currently the regular meetings of the City Council are held on the second and fourth Tuesday of each month starting at seven p.m. for the general business session; and,
WHEREAS, pursuant to Section 2-04.010 of the Laguna Hills Municipal Code, closed session meetings of the City Council currently start at six p.m. when they are scheduled as part of the regular meeting, and the general business session of City Council regular meetings currently starts thereafter at seven p.m.; and WHEREAS, on October 8, 2024, the City Council directed staff to prepare an ordinance changing the start time of City Council regular meetings so that the regular meetings will start one hour sooner, commencing on January 1, 2025.
WHEREAS, the City Council now desires to enact this ordinance for the purpose of starting closed session meetings of the City Council one hour sooner at five p.m., when there is a need to schedule closed sessions as part of the City Council regular meetings, and to start the general business session of City Council regular meetings one hour sooner at six p.m.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 2-04.010 (Time of Regular City Council Meetings) of Chapter 2-04 (City Council) of Title 2 (Administration and Personnel) of the Laguna Hills Municipal Code is hereby amended and restated in its entirety to read as follows:
“2-04.010 Time of regular City Council meetings.
A. The regular meetings of the City Council of the City of Laguna Hills shall be held on the second and fourth Tuesday of each month as follows: starting at 5:00 p.m. for closed session business, when scheduled, and starting at 6:00 p.m. for the general business session. Notwithstanding the foregoing, closed session meetings of the City Council may be scheduled as part of the general business session, when necessary, and nothing herein shall operate to preclude the City Council from reconvening into closed session as part of the general business session for purposes of completing closed session discussions in the event the City Council does not complete the closed session discussion between 5:00 p.m. and 6:00 p.m.
Ordinance No. 2024-X
4889-2406-8078, v. 1
B. Subsequent to the adoption of this section, the City Council may change the day and time of its regular meetings by resolution of the City Council.” SECTION 2. Following adoption of this Ordinance, the change in the start time for regular City Council meetings shall commence on January 1, 2025.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this X day of X 2024.
________________________________
DAVE WHEELER, MAYOR
ATTEST:
______________________________________
JENNIFER LEE, CITY CLERK
Ordinance No. 2024-X
4889-2406-8078, v. 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2024-X was duly introduced and placed upon its first reading at a Regular Meeting of the City Council on the X day of X 2024, and that thereafter, said Ordinance was duly adopted and passed at a Regular Meeting of the City Council held on the X day of X 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
JENNIFER LEE, CITY CLERK
Ordinance No. 2024-X
4889-2406-8078, v. 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF LAGUNA HILLS ) AND PUBLICATION
JENNIFER LEE, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of Laguna Hills;
That in compliance with State Laws of the State of California, ORDINANCE NO. 2024-X, being:
AN ORDINANCE OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, AMENDING AND RESTATING SECTION
2-04.010 (TIME OF REGULAR MEETINGS) OF CHAPTER
2-04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE LAGUNA HILLS MUNICIPAL CODE
ESTABLISHING THE DATES AND TIME OF CITY COUNCIL
REGULAR MEETINGS
on the X day of X 2024, and on the X day of X 2024, was published in summary in the Saddleback Valley News; and was, in compliance with City Resolution No. 2004-05-25-2, by the X day of X 2024, and the X day of X 2024, caused to be posted in three places in the City of Laguna Hills, to wit:
Laguna Hills City Hall
Laguna Hills Community Center
La Paz Center
_________________________________
JENNIFER LEE, CITY CLERK
Laguna Hills, California
Item No. 7.2
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 22, 2024
To: Mayor and Council Members
From: Holland Gannon, Community Services Manager
Issue: 2024 Heritage Day Post-Event Report
Recommendation: That the City Council receive and file the report.
Background:
The City of Laguna Hills Third Annual Heritage Day Fall Festival (Heritage Day) took place on Saturday, September 28th, 2024, from 12p-6p. Staff estimates that over 2,600 people were in attendance. The 2024 Heritage Day included numerous historical components, games, live music and entertainment, a petting zoo, a magician, blacksmith, business expo, saloon, train rides, and much more. Total beer and wine sales revenue was $2,136. Proceeds from the saloon will be donated to South County Outreach. The sponsors for this year’s event included Moulton Niguel Water District as a Title Sponsor, and CR&R as a Supporting Sponsor.
Two community partners, the Laguna Hills Chamber of Commerce and Moulton Museum, assisted the City with this year’s event. The Laguna Hills Chamber of Commerce supported local businesses by hosting the business expo as well as coordinating food vendors and volunteers. There were over 30 local businesses and other agencies in attendance and the business expo was well-attended. Food vendors for this year’s event included:
• The Hills Hotel
• Butter Crumb Bake Shop
• Villa Roma
• Icy Elixir
• Tata Ry's
Item No. 7.2
Additionally, the Saloon had beer and seltzer for sale from GameCraft Brewing, and wine was donated by Martha Haecherl Homes and BK Cellars.
Moulton Museum provided a robust historical component to the event including live blacksmith demonstrations, a photo opportunity with a stagecoach, a sheep shearing demonstration, crafts, butter churning, and a wealth of knowledge about the area’s history.
The Code of the West character actors were in attendance as well as the Yesteryears Early Californio actors. Each group brought specialized materials and interacted with the public throughout the event. The Yesteryears also did an audience-participation dance which brought families and friends together to learn a dance.
Other free offerings included a petting zoo, inflatable bounce houses, a magician, obstacle course, games, face painting, balloon twisting, train rides, and crafts.
This year, the Ramona Pageant participated in the event by having a community booth and having stage time to connect with community members and discuss the historical significance between Ramona and the City of Laguna Hills.
There was also a robust entertainment offering. Numerous songs and dances were performed by Native American tribe members, celebrating the area's rich history.
Additionally, Sean Oliu and the Coastline Cowboys performed country music.
During a recap meeting held on October 9th with the planning committee, discussions focused on the event's scheduling. It was proposed that instead of committing to the fixed date of the fourth Saturday in September, future dates should be flexible, allowing for consideration of other local events to avoid competition and maximize participation.
Fiscal Impact:
The budget for the 2024 Heritage Day Fall Festival was $84,000, not including staff costs.
A total of $6,000 was obtained in sponsor donations. Total expenditures were $72,893 including staff costs and sponsorships as represented in the table on the next page.
Item No. 7.2
Attachments:
None
Item No. 8.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 22, 2024
To: Mayor and Council Members
From: Dave Wheeler, Mayor
Issue: Discussion on the Public Notice Mailing Notification Radius for Development Use Permits
Recommendation: Mayor Wheeler recommends that the City Council discuss the current public notice mailing notification radius requirement of 300' for public hearing reviews of applications for development use permits to determine if a larger radius requirement is needed.
Background:
Per City Council Policy No. 120, at the October 8, 2024, regular meeting, Mayor Wheeler requested to place this item on the agenda for discussion.
Fiscal Impact:
There is no fiscal impact with this item.
Attachments:
None
Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: October 22, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.
Background:
The following are recent meetings and events attended by the City Council for their City Council Committee Assignments.
Transportation Corridor Agencies (TCA)
Board of Directors
Council Member Heft
October 10, Joint Board Meeting
Orange County Older Adults Advisory Commission (OCOAAC) Mayor Wheeler
October 11, Regular Meeting
Orange County Transportation Authority (OCTA)
Citizens Advisory Committee
Mayor Wheeler
October 15, Regular Meeting
Fiscal Impact:
The City does not provide any additional compensation to City Council Members for
Item No. 9.1
serving on outside agency boards or committees.
Attachments:
None