HomeMy WebLinkAbout25C - PLANNING SERVICES AND STAFFREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 1, 2020
TITLE:
APPROVE QUALIFIED CONSULTANTS TO
PROVIDE ON -CALL ENVIRONMENTAL AND
PLANNING SERVICES FOR PLANNING
PROJECTS AND SUPPLEMENTAL STAFF
SERVICES FOR A TOTAL NOT TO EXCEED
$2,650,000
(GENERAL FUND AND NON -GENERAL
FUND)
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 s' Reading
❑ Ordinance on 2n1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
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/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager to execute agreements to engage each of the 48 environmental and
planning services firms listed below, as -needed, for a period of three years beginning December
1, 2020 through November 30, 2023, to provide on -call environmental, technical, and planning
services for the Planning and Building Agency at the fees set forth in their responses to Request
for Qualifications (No. 20-100) for a total allocation for requested services not to exceed
$2,650,000, subject to non -substantive changes by the City Manager and City Attorney.
Consultants
Architectural Resources Group, Inc.
Ascent Environmental
Aspen Environmental Group
AZTEC Engineering Group
Chambers Group Inc.
Circlepoint
Civic Solutions Inc.
Converse Consultants
CSG Consultants, Inc.
De Novo Planning Group
Dudek
ECORP Consulting, Inc.
EcoTierra Consulting
Environmental Science Associates (ESA)
Environmental Planning Development
Solutions, Inc. (EPD Solutions, Inc.)
Evan Brooks Associates
Ericsson -Grant Inc.
FCS International, Inc. (FirstCarbon
Solutions)
Fehr & Peers
GPA Consulting
Geotechnical & Env. Science
Helix Environmental Planning, Inc.
ICF Jones & Stokes, Inc. (ICF)
Infrastructure Engineers
Infrastructure Engineering Corporation
(IEC)
Interwest Consulting Group
Kimley Horn and Associates, Inc.
LSA Associates, Inc.
25C-1
Environmental and Planning Services Consultant Agreements
December 1, 2020
Page 2
Michael Baker International
Moore, lacofano, Goltsman, Inc. (MIG)
Page & Turnbull
Phil Martin & Associates, Inc.
PlaceWorks, Inc.
Psomas
Renee Escario DBA RE Consulting
Rincon Consultants, Inc.
RK Engineering Group
Romo Planning Group
Sagecrest Planning & Environmental, LLC
DISCUSSION
T & B Planning, Inc.
Tetra Tech
Translutions, Inc
UltraSystems Environmental Inc.
Urban Crossroads, Inc.
VCA Code
VCS Environmental
Willdan
Yorke Engineering, Inc
In October 2017, the City Council approved a list of qualified consultants to assist staff and
developers in the preparation of environmental documents and related technical studies. The list
was approved for a period of three years. In October of 2018, the City Council approved a list of
consultants for planning services for a period of two years. In August 2020, the City Council
authorized staff to distribute a Request for Qualifications (RFQ) (No. 20-100) for consultant
services on work efforts related to the California Environmental Quality Act, the National
Environmental Policy Act, the preparation or review of technical studies, and planning services.
The intent was to establish an updated list of qualified consulting firms for a period of three years,
on an as -needed basis.
The Planning Division received a Statement of Qualifications from 50 firms in response to the RFQ.
The proposals were reviewed for adequacy, evaluated based on the criteria in the RFQ, and
compiled into a list of qualified firms. Two firms were disqualified as non -responsive, with 48 firms
qualified to provide services identified in the RFQ. Consultants on the pre -qualified list will provide
environmental services and/or related technical studies, planning services for current and
advanced planning, historic preservation, and general planning efforts.
If a development project requires an environmental analysis, technical study, and/or planning
related services, the developer is given the option to select a firm from the pre -qualified list or
obtain proposals from multiple firms from the pre -qualified list. The developer is required to provide
payment to the City for the full cost of the contracted service, plus an administrative services fee
(currently 10% of full contract price) to be retained by the City. Upon receipt of payment from the
developer, the City as the lead agency, will execute a side letter agreement to provide on -call
services. When the work is completed, the City will pay the consultant for work completed out of
the pass through account. Selecting a consultant from a pre -approved list eliminates the need to
circulate a Request for Proposal (RFP), significantly reducing the time it takes to hire a consultant,
and streamlining the entitlement process.
In 2017, the City Council approved a similar list of firms to be on the City's bench list of consultants
to provide environmental and planning services for development projects. The City Council
approval provided for a three-year agreement period that ended on October 3, 2020 for
25C-2
Environmental and Planning Services Consultant Agreements
December 1, 2020
Page 3
environmental services and June 5, 2021 for planning services. The current proposal will authorize
the list of firms for a period of three years until November 30, 2023
Consultant services under this work scope could include environmental analysis conducted for City
projects, such as an ordinance amendment, that requires 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, Subsequent or
Supplemental Environmental Impact Reports, Addendums, Environmental Assessments, and
Environmental Impact Statements.
The Planning Division's workload fluctuates and oftentimes increases as development applications
rise. Having on -call consultants for planning services will assist the Planning Division in maintaining
high customer service levels, meeting deadlines, and keeping pace with development schedules.
Occasionally, the Planning Division needs technical expertise to assist with City projects related to
urban design, historic preservation and environmental assessments, or needs specialized
assistance with zoning ordinance amendments pertaining to off -premise advertising (billboards),
short-term rentals, and parking. Utilizing a consultant's knowledge and experience can help reduce
the timeframe needed for completing a planning project and ensure that best practices are used
by the City.
In addition, under City planning staff supervision, consultants may be assigned to staff the public
Planning counter. Consultants may assist with reviewing project plans, responding to public
inquires, and case management. Consultants may also assist with review and processing of
ministerial permits such as tenant improvements, small additions, sign permits, reroof permits, and
window permits. With consultant assistance at the counter, full-time planning staff can focus their
efforts on current development projects and updating the General Plan. Firms hired for planning
consultant services will be paid from the Planning Agency's Contract Services -Professional and
Air Quality Management District accounts.
Appointment to the pre -approved list does not guarantee work to a consultant. If needed, firms will
be selected based upon their ability to perform the required work within the timeframe needed and
budget constraints. Approval of the list will allow the Planning Division to hire qualified, experienced
consultants for specific projects or tasks in a timely manner. As a result, the staff will be better
able to respond quickly to fluctuating demands and ultimately provide better service to customers
of the City of Santa Ana. It is recommended that the consultant list be approved due to the
expertise that the firms have demonstrated in the field of planning.
FISCAL IMPACT
Service fees shall be paid by the developer prior to the consultant commencing any work and the
fees will be deposited by the developer into the appropriate revenue account (No. 05316002-
53607). In addition, 10% of administrative fees will be deposited by the developer into the EIR
Developer Fees account (No. 01116002-53607). Development projects will be assigned activity
25C-3
Environmental and Planning Services Consultant Agreements
December 1, 2020
Page 4
numbers to track the budget by the Planning & Building Agency. Upon completion of the work,
funds will be expended from various accounts to pay consultants for their services.
Funds will be recorded in account numbers 01116510-62300, 03116510-62300, and 05316021-
62308 and will be made available from FY2020-2023 contingent upon annual budget approval.
Fiscal Year
Accounting
Fund
Accounting Unit, Account
Amount
Unit
Description
Description
01116510-
General Fund
Planning & Building - Planning
$ 200,000
62300
Contract
FY2020/21
03116510-
Air Quality
Planning Air Quality Improv -
December-
62300
Impr.
Contract
$ 50,000
June
05316021-
City Services
Consultant Services-EIR
$ 500,000
62308
Developer Fees
01116510-
General Fund
Planning & Building - Planning
$ 150,000
FY2021/22
62300
Contract
03116510-
Air Quality
Planning Air Quality Improv -
$ 50,000
62300
Im r.
Contract
05316021-
City Services
Consultant Services-EIR
$ 750,000
62308
Developer Fees
01116510-
General Fund
Planning & Building - Planning
$ 150,000
62300
Contract
FY2022/23
03116510-
Air Quality
Planning Air Quality Improv -
$ 50,000
62300
Im r.
Contract
05316021-
City Services
Consultant Services-EIR
$ 750,000
62308
1
1 Developer Fees
Total Contract Amount
1 $2,650,000
The Planning and Building Agency will monitor the above -referenced accounts to ensure sufficient
appropriations are available to facilitate timely payments to the vendors providing service.
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management
Services Agency
Submitted By: Minh Thai, Executive Director - Planning and Building Agency
Exhibit: 1. Approved to Form (Template) — Agreement to Provide On -Call Planning Services
25C-4
EXHIBIT 1
AGREEMENT TO PROVIDE ON -CALL
ENVIRONMENTAL AND PLANNING SERVICES
RELATED TO CEQA AND NEPA
THIS AGREEMENT is made and entered into this 1st day of December, 2020, by and between
Click here to enter text. ("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. In August of 2020, the City issued Request for Qualification No. 20-100, by which
it sought Consultants to provide on -call environmental, technical and planning
services for the Planning Division of the City of Santa Ana. The scope of work may
include any and all work efforts related to analysis of a proposed project for compliance
with 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 hnpact Statements and staffing services
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. 20-100 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting 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
On an as -needed basis, and at the sole discretion of City, Consultant shall perform the
services that are described in Exhibit A. Consultant's proposal is incorporated by reference as
though fully set forth herein. When the need for services arise, City may initiate services through
use of a letter agreement, executed by the Executive Director of the Planning and Building Agency
and the Consultant. Work by the Consultant may not proceed absent a previously engaged or
fully executed consultant agreement and letter agreement for a specific project.
Page 1 of 9
25C-5
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of forty-eight (48) Consultants selected to provide environmental
and planning services on an as needed basis under RFQ No. 20-100.'The total
compensation for services provided by all Consultants selected under RFQ No. 20-
100 is a collective amount not to exceed Two Million Six Hundred Fifty Thousand
Dollars ($2,650,000.00) during the term of the Agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
<INMEN-FWDIiuTi
This Agreement shall commence on the date first written above and continue for three (3)
years until November 30, 2023, unless terminated earlier in accordance with Section 17, below.
The term of this Agreement may be extended upon a writing executed by the City Manager and
the City Attorney.
4. 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.
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 Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
Page 2 of 9
25C-6
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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional 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
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 with respect
to insurance or self-insurance programs maintained by the City; and (e) 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 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 Agreement.
Page 3 of 9
25C-7
(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 cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
(v) 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 forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
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 itscontractors, 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 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 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.
Page 4 of 9
25C-8
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
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
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
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services.
13. NOTICE
Page 5 of 9
25C-9
15. 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 shal I any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
19. JURISDICTION -VENUE
Page 7 of 9
25C-10
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, 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 Agreement.
21. 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 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.
[Signature Page Follows]
Page 8 of 9
25C-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
DAISY GOMEL
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
BY: &e, � C.
Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL
MINH THAI
Executive Director
Planning and Building Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONSULTANT
BY: Click here to enter text.
Title: Click here to enter text_
Page 9of9
25C-12
EXHIBIT B
FEE SCHEDULE (OR) RATES AND CHARGES
25C-13