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HomeMy WebLinkAboutAECOM TACHNICAL SERVICES, INC.A-2019-073-01 .INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: OCT 5 2019 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND PLANNING SERVICES D _p ti M p0 THIS AGREEMENT is made and entered into this 21"day of May, 2019 by and between AECOM Sp Technical Services, Inc. a subsidiary of AECOM, ("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"). RECITALS A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on -call environmental, technical and planning services for the Planning and Building Agency of the City of Santa Ana. a. The scope of work may include any and all work efforts related to City projects to analyze a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and other services on an as -needed basis; and/or b. The scope of work may include any and all work efforts related to drafting and adopting zoning ordinance amendments that are related to City projects and processing development project applications and entitlements including plan review, preparing staff reports, attending public hearings, and counter staffing services on an as -needed basis; and/or c. The scope of work may include any and all work efforts related to advanced planning including updating, drafting and adopting the General Plan including preparing technical studies, elements of the General Plan, preparing staff reports, attending public hearings on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 17-043 and attached hereto as Exhibit A. C. Consultant has been selected as one of the thirty-one Q t) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 21, 2019, shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Page 1 of I I being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnity and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards 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. G. 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 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 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 Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional 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 Agreement, including, without limitation, acts involving vehicles. The amounts of Page 3 of I I 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 from 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs f'or 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 arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant 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 Consultant under this 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 Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three Page 5 of 11 To Consultant: AECOM Technical Services, Inc. Attn: Ryan Wiggins, Principal Agent 410 West A. Street, Ste. 1200 San Diego, CA 92101 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. 14, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any 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 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. IS. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of I I this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL r MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA R21ST NNE�RIDGE City Manager CONSULTANT ga /-)Ac� William (Bill) Anderson Principal/Vice President EL-tIABt-7H C)2AtLL Page 9 of I I EXHIBIT A SCOPE OF SERVICES Page 10 of I I A_COM Imagined. !"��` Delivered. Scope of Services AECOM is qualified to provide economic and fiscal analysis services to the City of Santa Ana. The following discussion addresses the technical services anticipated by the City of Santa Ana. Our economic and fiscal analysis services are intended to provide the City with technical economic and fiscal assessment services to make key planning decisions. AECOM has a long history of successfully providing these services in Southern California and beyond. In our work we strive to work as partners with our clients to understand and respond to their needs. We provide the public, staff, and policymakers makers with information that can form a critical part of the decisionmaking process. As part of our economic and fiscal services we conduct market and demographic research, analyze budgets and fiscal costs and revenues, model economic and fiscal outcomes, assess land use feasibility, and compile and present data and research through written reports and presentations that can be tailored to a variety of different audiences. These reports and presentations may include a variety of graphs, tables, and other figures. To meet the needs of our clients our economic and fiscal services may include, but are not limited to, the following tasks: 1) Prepare economic and fiscal studies, including, but not limited to, fiscal impact assessments, economic impact assessments, market studies, development feasibility studies. Our staff of economists and planners has substantial experience preparing these types of studies. In our analyses we utilize a variety of commonly used and credible demographic and market data sources to evaluate existing and estimate future economic and fiscal conditions. These include publicly available federal, state, regional, and local data sources and subscription services from well -respected third party vendors. In each project we reevaluate the applicability of a particular data source to ensure we are selecting the correct options. With baseline information we are then able to model a variety of economic and fiscal components such as economic impacts, net fiscal impacts, land use supply and demand, and development feasibility depending on the purpose of the study and needs of the City. 2) Coordinate with City staff and the various City departments Throughout our projects we also consult with City staff to discuss particular economic and fiscal variables and factors that are most critical for their efforts, whether that be General Plans, Community Plans, Specific Plans, economic and/or fiscal impact assessments, or other similar needs. 3) Review relevant County and City data and information such as budgets, sales and property tax data, and County Assessor and Treasurer files Economic and fiscal studies frequently require familiarity with a variety of City and County data and information files. Our staff has extensive experience reviewing, analyzing, and integrating this information into our final reports and presentations in a relatable and intuitive fashion. 4) Provide reports and presentations in forms and formats that meet City expectations and needs We have the ability to provide our interim and final deliverables in a variety of formats from more traditional static reports, to graphically rich presentations, to highly interactive online media. This includes AECOM 401 W A St. Suite 1200 San Diego, CA 92101 tailoring language and overall messaging to effectively communicate information to targeted stakeholders while still maintaining the integrity and accuracy of data findings. 5) Project management AECOM's internal project management system consistently meets and exceeds industry standards. We also work with our clients to identify communications protocols and frequency to keep projects moving forward. Our goal is to function effectively as an extension of staff. Exhibit B Fee Schedule Hourly rates for key staff are provided below for AECOM. These rates are in effect for 2019. Any changes to billing rates in future years would be reflected in subsequent task order proposals to the City, if required. Labor•. Project Director $290 - $325 Principal $220 - $285 Project Manager $150 - $185 Task Leader $140 - $180 Senior Engineer $150 - $200 Engineer $105 - $160 Planner $100 - $150 Economist $95 - $150 GIS Specialist/Graphic Artist $95 - $125 Word Processor/Technical Editor $90-$120 Project Administrator $75 - $115 Other Direct Charges (ODCs) All ODCs will be billed at cost including printing, vehicle mileage, and any third -party data purchases No Subconsultants will be utilized for these services AECOM 401 W A St. Suite 1200 San Diego, CA 92101 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page I 1 of I I AECOM Exhibit B Fee Schedule Hourly rates for key staff are provided below for AECOM. These rates are in effect for 2018. Any changes to billing rates in future years would be reflected in subsequent task order proposals to the City, if required. Labor Project Director $290 - $325 Principal $220 - $285 Project Manager $150 - $185 Task Leader $140 - $180 Senior Engineer $150 - $200 Engineer $105-$160 Planner $100-$150 Economist $95 - $150 GIS Specialist/Graphic Artist $95 - $125 Word Processor/Technical Editor $90 - $120 Project Administrator $75 - $115 Other Direct Charges (ODCs) All ODCs will be billed at cost including printing, vehicle mileage, and any third -party data purchases No Subconsultants will be utilized for these services