HomeMy WebLinkAbout25E - AGMT - PARKING CONSULTING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2020
TITLE
APPROVE SECOND AGREEMENT FOR
PARKING CONSULTING SERVICES WITH
WALKER CONSULTANTS FOR AN
AMOUNT NOT TO EXCEED $34,650
(NON -GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 11' Reading
❑
Ordinance on 2i1 Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager to execute a second agreement with Walker Consultants to complete
the development of a parking operator Request for Proposal, functional design analysis, and on -call
services as needed for one (1) year beginning July 1, 2020 through June 30, 2021 in an amount not
to exceed $34,650 that includes a contingency of $3,150 subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
Santa Ana's downtown Parking Facilities (Facilities) includes four (4) structures that are multi -level
parking and accommodate both transient and monthly patrons; and one (1) surface lot that
accommodates solely transient patrons for a total of 1,989 off-street parking spaces.
On January 22, 2016 a Request for Qualifications (RFQ No. 16-011) for Parking Consultant Services
was released and posted to the City's online bid management and publication system. The RFQ
was seeking the services of a professional parking consultant to assist in the process of procuring a
third —party parking operator for the City's public parking structures and surface lot.
The proposal received from Walker Consultants (Walker) was found to have the experience, project
understanding, and past references working with municipal government. Walker was awarded
Agreement No. A-2016-120 to assist with three (3) primary tasks: design and release of a parking
operator Request for Proposal (RFP), functional parking design review, and on -call services as
needed. Walker's completion of a parking operator RFP and functional parking design review were
temporarily stopped due to the modernization of the City -owned parking structures with parking and
access revenue control systems (PARCS) that included automated equipment replacements.
Moreover, on August 4, 2015 City Council approved Resolution 2015-038, which permitted a parking
rate increase in the structures upon conclusion of modernization improvements to the parking
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Parking Operator RFP & Functional Design Review
June 2, 2020
Page 2
facilities. Since modernization improvements have been completed and parking rate increases
implemented, Walker consultant services is able to resume their scope of services.
The current parking operator, SP Plus (SP+), is responsible for the on -site management and
operations of the four (4) parking structures and one (1) surface lot and is currently on a month -to -
month contract since May 2015. To ensure a level of service that will complement the Downtown
Enhancements and Parking Modernization Plan and reflect industry best practices, Walker's
expertise in parking consulting services will maximize parking efficiency and capacity through
assisting the City in developing, releasing, and securing a parking operator RFP and functional
design analysis to evaluate layout efficiency.
Staff recommends a one (1) year agreement from July 1, 2020 through June 30, 2021 with Walker
to facilitate the completion and release of a parking operator RFP and functional design review in
order for the City to successfully optimize the terms of its parking management agreement with a
qualified third -party parking services provider. The cost to complete the above -referenced tasks is
$31,500, plus a contingency of $3,150, for a total not to exceed an amount of $34,650 (Exhibit 1).
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal No. 3 - Economic Development, Objective No. 4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining, and entertainment destination), and Strategy B (create comprehensive program to
manage parking that includes innovative strategies to provide parking, create revenue and enhance
accessibility in the downtown).
FISCAL IMPACT
Funds in the amount of $34,650 are available in FY 2020-21 Parking Enterprise Fund (DT
Enhancements 02710133-62300 Contract Services Professional).
Exhibit: 1. Agreement
AG:WH
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EXHIBIT 7
AGREEMENT FOR PARKING CONSULTANT SERVICES
FOR DOWNTOWN PARKING FACILITIES
THIS AGREEMENT is made and entered into this 2°d day of June, 2020, by and between Walker Parking
Consultants/Engineers, Inc., a Michigan corporation, dba Walker Consultants ("Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City"). City and Consultant shall hereinafter collectively be referred to
as "the Parties".
RECITALS
A. On January 22, 2016, the City issued Request for Qualifications No. 16-011, by which it sought
proposals from qualified firms for parking consulting services related to the four public parking
structures and one public surface lot that serve the Downtown area.
B. On March 25, 2016, Consultant submitted a responsive proposal that was selected by the City and
on May 17, 2016, the City and Consultant entered into said Agreement (A-2016-120), hereinafter
"original Agreement" for Parking Consultant Services for a Term of three (3) years.
D. In undertaking the performance of said Agreement (hereinafter "original Agreement"), Consultant
represented that it is knowledgeable in its field and that any services performed by Consultant
under said original Agreement would be performed in compliance with such standards as may
reasonably be expected from a professional consulting firm in the field.
E. The Parties now wish to enter into a second Agreement for Parking Consultant Services for
Downtown Parking Facilities (hereinafter "second Agreement") for a Term of one (1) year
commencing July 1, 2020 and ending June 30, 2021, for an amount not to exceed $34,650 that
includes a contingency of $3,150.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the Parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services (not previously completed at City's prior request) as set
forth in Exhibit A of said original Agreement, page 1 (Task One —Parking Operator RFP and Procurement
Assistance - sections 1.1 through 1.14, exclusive of task production/completion calendar); and page 2
(Task Two — Functional Design/Operational Review — sections 2.1 through 2.10). Said elements of
Consultant's proposal of March 25, 2016 are incorporated herein by reference. In addition to performing
those specified services set forth in Exhibit A, Consultant shall perform the additional services as set forth
in Exhibit A-1 of this second Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services under
the terms of this second Agreement the rates and charges identified in Exhibit A-1. The
total sum to be expended under this second Agreement shall not exceed $34,650 during the
term of this second Agreement. This amount is comprised of: (1) the sum of $31,500; and,
(2) an I I% contingency of up to $3,150 for additional services, including reimbursable
expenses for on -call services as may be performed by Consultant at the sole direction of
the City in accordance with Consultant's 2020 basic billing rate schedule.
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b. Payment by City shall be made within forty-five of days (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work that fails to meet the standards of performance set
forth in these Recitals, which may reasonably be expected by City.
3. TERM
This second Agreement shall commence July 1, 2020, and continue through June 30, 2021, unless
terminated earlier in accordance with Section 16, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this second Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer -employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the services
which are the subject matter of this second Agreement; however, the services to be provided by Consultant
shall be provided in a manner consistent with all applicable standards and regulations governing such
services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable withholding
taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this second Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree
in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this second Agreement. Consultant represents and warrants that Consultant
has the legal right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall
not be limited in any way in its use of the Documents and Data at any time, provided that any such use
not within the purposes intended by this second Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this second Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Consultant's
operations in the performance of this second Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the
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following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self-insurance programs
maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this second Agreement, Consultant agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this second Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this second Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate
this second Agreement. Such termination shall not affect Consultant's right to be paid for
its time and materials expended prior to notification of termination. Consultant waives the
right to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which
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relates to the services described in section 1 of this second Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the
terms of or effects arising from this second Agreement. This indemnity and hold harmless agreement
applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this second Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be
selected by the City, regarding any action by a third party challenging the validity of this second
Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable
relief due to personal or property rights arises by reason of the terms of, or effects arising from this second
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding. Notwithstanding the foregoing, to the extent Consultant Services 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.
8. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
second Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this second Agreement and any services, expenditures, and disbursements charged to the
City for a minimum period of three (3) years, or for any longer period required by law, from the date of
final payment to Consultant under this second Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or
copies of such records and any other documents created pursuant to this second Agreement during regular
business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities
related to this second Agreement for a period of three (3) years from the date of final payment to
Consultant under this second Agreement.
9. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this second Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in no event
less than reasonable care. "Confidential Information" shall include all nonpublic information.
Confidential information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party by any
subsidiary and/or agent of the other party is covered by this second Agreement. The foregoing obligations
of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is
in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this second
Agreement.
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11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this second Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class
or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Steven Mendoza
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714- 647-6549
To Consultant:
Jonathan Wicks, CAPP, CPP
Project Manager/Consultant
Walker Consultants
606 South Olive Street, Suite 1100
Los Angeles, CA 90014
Fax 213-488-4983
City Attorney's Office
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714- 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This second Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or
written, between the Parties. In the event of a conflict between the terms of this second Agreement and
any prior original Agreement or attachments thereto incorporated herein by reference, the terms of this
second Agreement shall prevail. This second Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The Parties agree that
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any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition
to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
second Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied
herein.
13. ASSIGNMENT
Inasmuch as this second Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this second Agreement shall be construed
to limit the City's ability to have any of the services which are the subject to this second Agreement
performed by City personnel or by other consultants retained by City.
14. COORDINATION OF WORK OR SERVICES
a. No extra work may be undertaken unless a written "Change Order" is first given by the
Contract Officer or his/her designee, to Consultant, incorporating therein any material and administration
of this second Agreement for City and have authority to enter into Change Orders with Consultant
pursuant to this second Agreement. It shall be Consultant's responsibility to assure that City's Contract
Officer is kept informed of the progress of the performance of the consulting services set forth in this
second Agreement and Consultant shall refer any decisions which must be made by City to the Contract
Officer. The Contract Officer shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this second Agreement. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer. All notices
regarding consulting services or requested changes in said second Agreement shall adjustment in the
contract and/or the time to perform this second Agreement, which said adjustments are subject to the
written approval of Consultant.
b. Contract Officer
City will appoint a Contract Officer who will be in charge of the contract maintenance. The City's
appointed Contract Officer shall be the City Manager, or designee of the City Manager.
15. ADDITIONAL WORK OR SERVICES
a. Work or Services
City shall have the right at any time during the performance of the work or services set forth in
this second Agreement, without invalidating said second Agreement or any amendments thereto, to elect
to exercise any existing option specified in the Scope of Services for extra work or services or to order
extra work or services pursuant to a duly executed Change Order or to expend previously authorized
contingent funds to cover expenses for work or services agreed to by the Parties but exceeding the
amounts initially specified under the Compensation provisions of this second Agreement or thereby
make changes by altering, adding to or deducting from said work or services.
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b. Change Order
No extra work or services as set forth in subsection (a) above may be undertaken unless a written
"Change Order" is first given by the Contract Officer to the Consultant, incorporating therein in the
contract and/or the time to perform this second Agreement, which said adjustments are subject to the
written approval of the Consultant.
16. TERNIINATION
This second Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified
in the Recitals of this second Agreement.
17. NONDISCRINIINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities
or in connection with any activities under this second Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this second Agreement shall be
determined and governed by the laws of the State of California. Both Parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this second Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this second Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Consultant shall notify the City immediately and in writing of its
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this second Agreement.
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20. NHSCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this second
Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees,
for any injuries or damages to City in the event that such authority or power is not, in fact,
held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this second Agreement.
C. Whenever the terms of the Recitals of this second Agreement conflict with terms of any
Exhibit incorporated herein by reference, then the terms and intent of the Recitals of this
second Agreement shall prevail and be controlling.
d. No default, delay or failure to perform on the part of the Parties shall be considered a breach
of this second Agreement where such default, delay or failure is due to a force majeure or
to circumstances beyond the Parties control. Such circumstances will include, without
limitation, strikes, riots, civil disturbances, actions or inactions concerning government
authorities, epidemics, pandemics, war, terrorist acts, embargoes, severe weather, fire,
earthquakes, acts of God or the public enemy or default of a common carrier or other
disasters or events.
e. This second Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other
means that displays the original or a copy of the signatures. Any subsequent amendments
may be signed and delivered in the same manner.
{Signatures on following page)
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IN WITNESS WHEREOF, the Parties hereto have executed this second Agreement the date and year
first above written.
F044110131A
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: 14�
Ryan O, dg
Assistant ity Attorney
RECOMMENDED FOR APPROVAL:
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Kathryn Downs
Executive Director
Finance and Management Services Agency
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Steven Mendoza
Executive Director
Community Development Agency
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Kristine Ridge
City Manager
CONSULTANT:
Walker Consultants
Jonathan Wicks
Project Manager/Consultant
Walker Consultants
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25L-11
EXHIBIT A
Original Agreement Proposal for Services
(March 25, 2016)
25Fr12
INSURANOE ON FILL A-2016-120
WORK MAY PROCEED
UNTIL INSURANCE X ES
CLERK AGREEMENT FOR PARKING CONSULTANT SERVICES
DATE: q-10 FOR DOWNTOWN PARKING FACILITIES
THIS AGREEMENT is made and entered into this 17th day of May, 2016 by and between Walker
Parking Consultants (`Contractof'), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California (`City").
RECITALS
A. On January 22, 2016, the City issued Request for Qualifications No. 16-011, by which it sought
proposals from qualified firms for parking consulting services related to the four public parking
structures and one public surface lot that serve the Downtown area.
B. Contractor submitted a responsive proposal that was selected by the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable
in its field and that any services performed by Contractor under this Agreement will be
performed in compliance with such standards as may reasonably be expected from a professional
consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's
proposal is incorporated herein by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services the
rates and charges identified in Exhibits A and B. The total sum to be expended under
this Agreement shall not exceed $72,220 during the term of this Agreement. This amount
is comprised of (1) the sum of $62,800 and (2) a 15% contingency of up to $9,420 for
additional services as may be performed by Contractor at the sole direction of the City.
Reimbursable expenses for on -call services shall not exceed $5,000 for each year of the
initial term below.
b. Payment by City shall be made within forty-five of days (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work that fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date stated above and continue through May 16, 2018,
unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be
extended for two (2) one-year periods upon a writing executed by the City Manager and the City
Attorney.
EXHIBIT 1
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4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are the
subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in
a manner consistent with all applicable standards and regulations governing such services. Contractor shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under
this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Docuunents & Data. Contractor makes no such representation and warranty in regard to Documents
& Data which were provided to Contractor by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Contractor's
operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single
limit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combhled single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
25E-14
2
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Contractor pursuant
to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate
this Agreement. Such termination shall not affect Contractor's right to be paid for its time
and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to
approval of insurance by the City.
7. INDEAMFICATION
Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
including death, and claims for properly damage, which may arise from the negligent operations of the
Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising fi-om this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arisinj&hl reement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor Services 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 Contractor.
8. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation
of law; or (e) is independently developed by the Contractor without reference to information disclosed by
the City.
10. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presentlyhas no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956 25E-16
With courtesy copies to:
To Contractor:
Francisco Guttierez
Executive Director
Finance and Management
Services Agency
City of Santa Ana
20 Civic Center Plaza M-27
P.O. Box 1988
Santa Ana, California 92702
Walker Parking Consultants
606 South Olive Street, Suite 1100
Los Angeles, CA 90014
Attn: Steffen Turoff, Director, Planning Studies
CityAttorney's Office
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor
regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
25E-17
5
14. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Contractor consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. NONDISCRIlVIINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities
or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection
with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain
or maintain such pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City filly, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
25E-18
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
. kL�ei-y / N%A%
Mara Huizaz•
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: %ll
John .Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
CITY OF SANTA ANA
David Cavazos
City Manager
CONTRACTOR:
XL4 �Z a--,
Name: 2),6,4,e�. ``E° .1J
�
Title: ViCe ��ejr-4e�li
25E;19
EXHIBIT A
25E-20
.04 WALKER
PARKING CONSULTANTS
March 25, 2016
Mr. Arturo Rodriguez
Management Aide
City of Santa Ana
Finance and Management Services Agency
20 Civic Center Plaza M-17
Santa Ana, CA 92702
Re: Revised Proposal for Consulting Services
City of Santa Ana Public Parking Facilities
Santa Ana, CA
Dear Mr. Rodriguez:
606 S Olive Street, Suite 1100
Los Angeles CA 90014
Office: 213.488.4911
Fax: 213.488.4983
www.walkerparking.com
Based upon our recent conversation and RFQ submittal, we understand the City of Santa Ana
is seeking the services of a professional parking consultant to assist in the process of procuring a
third party parking operator for the City's public parking structures. Additionally the City desires
Walker's expertise in maximizing parking efficiency at the 1022 S Main St, 2011 N Main St, and
300 S Main St/ 301 S Sycamore St surface parking lots, as well as an engagement for "on -call"
parking consulting services.
The following details the scope of work proposed to support the operator request for proposal
procurement and implementation process, as well as the value added professional services and
fees needed to complete the engagement.
SCOPE OF SERVICES
TASK ONE - PARKING OPERATOR RFP AND PROCUREMENT ASSISTANCE
1.1 Meet on site with City representatives to finalize project parameters and obtain relevant
background information.
1.2 Review the existing operations to ascertain the current operating methodologies used at
each of the individual sites that comprise the City's system.
1.3 Review and comment on the appropriate scope of services for inclusion in the solicitation
package that will be based upon current and proposed future conditions that may
include the three surface parking lots referenced above on Main St.
1.4 Develop a list of qualified third -party professional parking firms that will be used for
distribution purposes upon approval by the City.
M:\Proposals\2016\4 Studies\Government\City of Santa Ana\03-25-2016 REV Santa Ana Consulting Services PRO. docx
25E-21
WALKER Mr. Arturo Rodriguez
PARKING CONSULTANTS Proposal for Parking Consulting
March 25, 2016
Page 2
1.5 Verify the final RFP timeline from issuance through contract award date
1.6 Review and comment upon the current parking management agreement used by the
City. The City's legal counsel will prepare the final parking management agreement that
will be included in the RFP.
1.7 Draft the technical elements of a RFP for the purposes of soliciting parking management
services (City to issue RFP) and submit to City for review and approval.
1.8 Assist the City in arranging and conducting a pre -proposal conference and site -tour of
the City's system for all prospective bidders.
1.9 Review and answer all written questions submitted by bidders subsequent to the pre -
proposal conference and site tour with assistance from the City.
1.10 Review proposals submitted for compliance with the terms and conditions contained in
the RFP solicitation.
1.11 Prepare a summary of all proposals submitted. Summary will include a comparison of the
proposed staffing levels and costs, management fees, operating, maintenance and
marketing plans (summary will not include reference checks or an assessment of the
bidders' financial competency).
1.12 In conjunction with the City, recommend a short list of proposers.
1.13 Develop questions for short listed proposer interviews for City's consideration and use.
1.14 Participate as the City's parking consultant, as a non -voting member, on the RFP
evaluation and selection committee.
We can begin work within two (2) weeks of receipt of written acceptance and notice to
proceed. Each task will be performed consecutively, and the tentative length of time to
complete each project task is as follows:
• RFP Document Issued to Prospective Bidders
• Pre -bid Conference and Site Tour
• Written Questions Due
• Addendum Issued
• Proposals Due
Oral Interviews by Short-listed Bidders (tentative)
• Contract Award (tentative)
• Commencement Date (tentative)
May 13, 2016
May 24, 2016
May 26, 2016
May 27, 2016
June 14, 2016
June 22, 2016
June 30, 2016
August 1, 2016
25E-22
WALKER Mr. Arturo Rodriguez
PARKING CONSULTANTS Proposal for Parking Consulting
March 25, 2016
Page 3
TASK TWO - FUNCTIONAL DESIGN/ OPERATIONAL REVIEW
Additional parking capacity may be found through functional design analysis and an
evaluation of layout efficiency. Paid parking may be implemented based on a market and
stakeholder analysis. For each of the three surface parking lots on Main Street, Walker will:
2.1 Obtain plans for each surface parking lot, preferably in CAD format.
2.2 Visit the site and meet with City to gain a better understanding of the parking operation,
complaints received from tenants, and functional and/or operational challenges that
are currently experienced.
2.3 Review the parking design standards applicable for the City of Santa Ana.
2.4 Evaluate various aspects of the parking operation, including:
a. Striping layouts;
b. Lane configurations;
c. Space allocations;
d. Wayfinding;
e. Operational procedures;
f. Technology analysis; and
g. Feasibility of paid parking.
2.5 Discuss with City representatives the needs of the users of the facility, primary pedestrian
points, and accessible parking.
2.6 Determine whether existing striped accessible stalls and paths of travel meet mandatory
minimum requirements for layout and number of provided ADA stalls per lot.
2.7 Conduct a micro -market rate survey comparing transient, event, and monthly parking
rates at competitive garages within a two block radius of each lot.
2.8 Provide a range of cost for each of our recommendations.
2.9 Provide City with a draft letter report that summarizes our findings and recommendations
which will include supporting diagrams as necessary.
2.10 Meet with City to discuss the draft letter report and prepare a final report that addresses
the feedback received from the meeting.
TASK THREE - ON CALL CONSULTING SERVICES
Walker will perform additional services on an on -call/ as needed basis as requested by City. See
attached Firm Profile for partial list of services and Standard Billing Rates by position.
25E-23
WALKER
�► PARKING CONSULTANTS
SCHEDULE
Mr. Arturo Rodriguez
Proposal for Parking Consulting
March 25, 2016
Page 4
We can begin work within two (2) weeks of receipt of written acceptance and notice to
proceed. Each task will be performed as authorized, and the tentative length of time to
complete each project task is dependent on receipt of requested info from the City.
PROFESSIONAL FEES
Walker proposes to provide the services described herein for Task One in accordance with the
attached General Conditions of Agreement for a lump -sum fee of Thirty Seven Thousand and
Five Hundred Dollars ($37,500), inclusive of reimbursable expenses.
Task One
Proposed Fee
Parking Operator RFP and Procurement Assistance
$37,500
TOTAL FEE PROPOSED FOR BASE PARKING CONSULTING:
_ _
$37,500
Additional Services
Task Two: Functional Design/ Operational Review
5,000/lot
Task Three: On Call Parking Consulting
Standard Hourly Fee
Reimbursable expenses will be billed at 1.15 times the actual direct cost of transportation and
subsistence when traveling in connection with the work and includes such items as overnight
charges, reproduction, and other project related expenses.
Base Parking Consulting Task Expenses
Est. Expenses
Parking Operator RFP and Procurement Assistance
$00.00
TOTAL ESTIMATED REIMBURSABLE EXPENSES
$00.00
Add ARernate Tasks Expenses
Functional Design/ Operational Review
100.00/lot
On Call Parking Consulting
As Needed
Any additional services not described in our proposal and performed at your request will be
invoiced at Walker's standard billing rates for basic services.
Walker Parking Consultants is fully committed to understanding your requirements for this
project. We will provide responsive, cooperative and quality professional services. If this
proposal does not meet your requirements, please call and we will gladly discuss any
modifications.
We look forward to assisting you and working on this project. Trusting our proposal meets your
approval, please sign in the space below to acknowledge your acceptance of the terms and
conditions contained herein, and confirm your authorization for us to proceed. Upon your
approval, please return one fully executed copy of this proposal to my attention.
25E-24
STANDARD BILLING RATES
BASIC SERVICES
PRINCIPALS
Senior Principal ..................................
Principal..............................................
PROJECT MANAGEMENT
Senior Project Manager ....................
Project Manager ................................
Assistant Project Manager ................
PARKING CONSULTANTS
Senior Parking Consultant .................
Parking Consultant ............................
Parking Analyst / Planner ..................
RESTORATION CONSULTANTS
Senior Restoration Consultant..........
Restoration Consultant .....................
Assistant Restoration Consultant .....
Restoration Specialist ........................
DESIGN
Senior Engineer / Senior Architect .............................
Engineer / Architect ....................................................
Designer........................................................................
TECHNICAL
Senior Technician........................................................
Technician....................................................................
SUPPORT
Senior Administrative Assistant / Business Manager
Administrative Assistant ..............................................
Subject to annual adjustment on January I each year.
WALKER
PARKING CONSULTANTS
...................................................... $320.00
...................................................... $265.00
...................................................... $240.00
...................................................... $200.00
...................................................... $165.00
....... $240.00
....... $195.00
....... $155.00
................................ $240.00
................................ $195.00
................................ $165.00
................................ $165.00
$240.00
$175.00
$165.00
$155.00
$135.00
......... $ 100.00
........... $ 85.00
25E-25
EXHIBIT B
25E-26
Walker Parking Consultants Fees
Task 1
Parking Operator RFP and Procurement Assistance
Task 2
Functional Design
Alternate Task Expenses
Functional Design/Operational Review
Reimbursable Expenses (on -call services)
Tota I
15% Contingency
$ 37,500
$5000/lot $ 15,000
$100/lot $ 300
$5000/yr. $ 10,000
$ 62,800
$ 9,420
Grand Total (NTE contract value for 2 years) $ 72,220
25E-27
EXHIBIT A-1
Second Agreement Proposal for Services
(March 12, 2020)
2K,728
Walker California
WALKER
CONSULTANTS
March 12, 2020
Alex Gutierrez
Management Analyst
Treasury & Customer Service Division, for:
City of Santa Ana Parking Operations
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Proposal for Parking Consulting -Additional Services
Santa Ana, California
Dear Ms. Gutierrez:
606 South Olive Street, Suite 1100
Los Angeles, CA 90014
601 California Street, Suite 820
San Francisco, 94108
Scientific Way, Suite 100
Irvine, CA 92618
213.488.4911
wa I kerc o n s u It a nts. c o rn
Walker Consultants is pleased to submit for your review the following proposal for parking consulting services in
the City of Santa Ana.
PROJECT UNDERSTANDING
The City of Santa Ana desires extending the contract with Walker Consultants to complete the remaining scope
of work for three existing projects. The City of Santa Ana's Parking Operations Program is moving from the
Finance & Management Services Agency to the Economic Development Agency effective July 1, 2020 .
Based on this project understanding, Walker proposes the following for each project:
SCOPE OF SERVICES
37-8605.00, Parking Operator RFP: 59% complete. Walker drafted the bid docs and instructions to proposers but
did not issue the operator RFP. This project will need 30% increase to remaining fee to update and replace some
of the work that was already provided. The 2016 data we used to generate the RFP documents are out of date.
37-8605.01, Functional Design Review: 0%complete, no work provided to date. 15%fee increase for inflation.
37-8605.02, On -Call: On -Call services will be provided according to the attached 2020 basic rate schedule.
SCHEDULE
Walker anticipates beginning work within two weeks of receipt of a signed agreement or notice to proceed.
https://walkerconsultants-my.shampoint.com/personal/jwicks_walkerconsultants_com/documents/califomia/santa ana/3-12-2020 city of Santa ana
consulting services pro.doa
25E-29
Gutierrez
WALKER March 12, zozo
CONSULTANTS Paget
Schedules for on call services will be determined as each service is requested by The City of Santa Ana.
PROFESSIONAL FEE
37-8605.00, Parking Operator RFP: We propose completing the remaining Scope of Services for a lump sum fee
of $20,000, exclusive of typical project related expenses.
37-8605.01, Functional Design Review: We propose providing the functional design review of three subject
surface parking lots for a lump sum fee of $11,500, exclusive of typical project related expenses.
37-8605.02, On -Call: On -Call services will be provided, as authorized, according to the attached 2020 basic billing
rate schedule.
We propose providing the Scope of Services for this project in accordance with the attached General Conditions
of Agreement. Any work performed beyond the parameters detailed in the proposed scope of work, such as
requested on -call services, will be performed upon receiving additional written authorization from the City.
Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of
specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long
distance telephone and facsimile charges, additional service consultants, and other project related expenses.
Our goal is your complete satisfaction. If any part of this agreement does not meet your needs, please let us know
and we will work to provide a proposal that does so. We appreciate your consideration of Walker Consultants and
look forward to again being of service to the City of Santa Ana.
Sincerely,
WALKER CONSULTANTS
Steffen Turoff Jonathan Wicks, CAPP, CPP
Principal, Director of Planning Studies Project Manager / Consultant
Enclosures: General Conditions of Agreement for Consulting Services
25E-30
Gutierrez
WALKER March 12, zozo
CONSULTANTS Page
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the
terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this
agreement for our records.
CITY OF SANTA ANA
Accepted by (Signature)
Printed Name
Title
Date
25E-31
WALKER GENERAL CONDITIONS OF AGREEMENT
CONSULTANTS FOR CONSULTING SERVICES
PAGE 4
SERVICES
Walker Consultants ("Walker") will provide the CLIENT professional services that are limited to the work described
in the attached letter ("the services"). Any additional services requested will be provided at our standard hourly
rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written
information and documents supplied by the CLIENT and are limited to and furnished solely for the specific use
disclosed to us in writing by the CLIENT. No third -party beneficiary is contemplated. All documents prepared or
provided by WALKER are its instruments of service, and any use for modifications or extensions of this work, for
new projects, or for completion of this project by others without Walker's specific written consent will be at
CLIENT's sole risk.
PAYMENT FOR SERVICES
tA 0
Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within
thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The CLIENT agrees to
pay Walker a monthly late charge of one- and one-half percent (1X%) per month of any unpaid balance of the
invoice.
STANDARD OF CARE
Walker will perform the services in accordance with generally accepted standards of the profession using
applicable building codes in effect at time of execution of this Agreement. Walker's liability caused by its acts,
errors or omissions shall be limited to the fee or $10,000, whichever is greater.
Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the
CLIENT. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent
uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results
and such variations may be material. As such, Walker makes no warranty or representation, express or implied,
as to the accuracy of the estimates or projections.
Services shall be complete the earlier of (1) the date when final documents are accepted bythe CLIENT or (2) thirty
(30) days after final documents are delivered to the CLIENT.
25E-32
WALKER
CONSULTANTS
STANDARD BILLING RATES
FOR BASIC SERVICES
PAGE 5
SeniorVice President....................................................................................................................................
$335.00
VicePresident................................................................................................................................................$305.00
Principal/Director..........................................................................................................................................
$280.00
Senior Project Manager/Senior Consultant..................................................................................................$255.00
ProjectManager/Consultant.........................................................................................................................
$225.00
Senior Engineer/Senior Architect.................................................................................................................
$235.00
Engineer/Architect........................................................................................................................................
$195.00
Analyst/Planner/Specialist...........................................................................................................................$180.00
Assistant Project Manager/Assistant Consultant..........................................................................................$185.00
Designer.........................................................................................................................................................
$180.00
SeniorTechnician..........................................................................................................................................
$180.00
Technician......................................................................................................................................................
$150.00
Senior Administrative Assistant/Business Manager......................................................................................
$125.00
Administrative Assistant...............................................................................................................................
$100.00
Subject to annual adjustment on January 1 each year.
25E-33