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HomeMy WebLinkAbout25C - ENVIRONMENTAL CONSULTING CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: C(~ L{lfJ{2 CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTRACT AWARD WITH JONES AND STOKES FOR ENVIRONMENTAL CONSULTING SERVICES CONTINUED TO ------- FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Jones and Stokes to provide environmental assistance related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) in the amount of $10,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Environmental planning is a core service provided by the Planning Di vision to private developers, the Planning and Building Agency and other departments, such as the Public Works Agency, Community Development Agency and Parks, Recreation and Community Services Agency. To continue to provide quality and efficient environmental services, the City has relied on Jones and Stokes to provide on-call environmental consulting services since September 2006. They have provided essential input on a variety of projects that have resulted in proper and efficient environmental analysis. Jones and Stokes is a leading environmental planning firm with special expertise and familiarity with the City of Santa Ana. Its staff are regular instructors of the UCLA Extension annual CEQA training and they are the authors of the popular CEQA Deskbook. An agreement with Jones and Stokes was originally approved in April 2006 in the amount of $25,000; that agreement has expired. It is requested that an agreement be executed with Jones and Stokes for $10,000 to continue providing on-call consulting services due to the technical expertise they possess in environmental services. As required per Section 2-801 of the Santa Ana Municipal Code, the City Manager is authorized to bind the City to a contract for an amount not exceeding $25,000. The City has executed 25C-1 Contract Award for Environmental Services April 7, 2008 Page 2 additional agreements with Jones and Stokes for various development projects in amounts exceeding this limit for the 2007-2008 fiscal year; as a result, this new contract must go before the City Council for approval. Environmental Impact In accordance with the California Environmental Quality Act, the awarding of a contract for environmental consultation is exempt from CEQA under the General Rule Exemption, Section 15061 (b) (3) . Certificate of Exemption Environmental Review No. 08-38 will be filed. FISCAL IMPACT Funds in the amount of $10,000 are available in the Planning and Building Agency account for other contractual services (account no. 11-505-6291). APPROVED AS TO FUNDS AND ACCOUNTS: .~ Jay M. Trevino Executive Director Planning and Building Agency ~~~\~.n \-=:]~ ,,,-, Francisco Gutierrez - Executive Director .t~ Finance & Managemeni Services Agency PG:rb pg\reports\JonesStokes~envconsult.2008,cc 25C-2 CONSUL T ANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of April, 2008 by and between Jones & Stokes, a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental training and consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 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 Consultant shall provide environmental consulting services on an on-call basis, as set forth in Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work-product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25C-3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe 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. 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: 2 25C-4 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney. 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 provisions of Section 3300 of the 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (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. 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 effect Consultant's right to be paid for its time and materials expended prior to notification oftermination. 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 and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, 3 25C-5 damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of 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 ofthe 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. 8. 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 ofthe 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 ofthe 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. 9. 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 Agreement. 10. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council 4 25C-6 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Jones & Stokes Mr. Chad Beckstrom 17310 Red Hill Avenue, Suite 320 Irvine, California 92614 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 telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, 5 25C-7 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. 12. 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. 13. 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 oftermination, 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 ofthe 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 ofthis Agreement. 14. DISCRIMINATION 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 may be brought or arise out of, in connection with or by reason of this Agreement. 6 25C-8 16. 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 ofthis Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each ofthe 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DA VID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney JONES & STOKES CHAD BECKSTROM Associate PrincipallProject Director Tax ID# 7 25C-9 - EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses perfonned by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 25C-1 0 EXHIBIT A November 8, 2007 17310 Red Hill Avenue, Suite 320 Irvine, CA 92614-5600 tel. 949260,1080 fax 949260.1081 www.Jonesandstokes.com Mr. Pedro Guillen, Associate Planner Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 p.o. Box 1988 Santa Ana, CA 92702 Subject: Proposal for Environmental Consulting Services Dear Pedro: Thank you for inviting Jones & Stokes to continue providing environmental consulting services for the City of Santa Ana. We are enthusiastic to have the opportunity to continue our work with the City of Santa Ana Planning Division and share our expertise related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) with City staff. I will serve as program manager for the effort, and will be the main point of contact for the City, I will be supported by our team of top CEQA/NEP A advisors and in-house environmental counsel (Ken Bogdan, JD; Ron Bass, JD; and Terry Rivasplata, AICP), as well as other staff as necessary, in the consulting services for the City, The following outlines the proposed scope of work and compensation related to providing environmental consulting services, Scope of Work Task 1. Provide In-House CEQAlNEPA Consultation/Review Jones & Stokes will provide environmental consultation and review services for City staff as an in-house extension of City staff. We will provide a staff member to be onsite at the City Planning Division in City Hall on an as-needed basis, with advanced notice or by appointment, Our staff will work with case planners and staff in other City Departments to review environmental documents prepared by City planning staff, provide advice related to CEQA/NEP A, and answer general questions regarding the environmental review process relative to the City entitlement process. This task may include additional outside consultation with Jones & Stokes legal counsel and/ or technical experts, as needed, This task does not include preparing environmental documents, though it may include writing brief memoranda related to review of documents and other consulta tion, Task 2. Provide On-Call CEQAlNEPA Consultation Jones & Stokes will be available to the City on an as-needed basis to provide CEQA/NEPA consultation for City staff, Our team will be available by phone and email to provide ongoing advice and review services working on-call at City Hall. We will also be available to prepare Categorical Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, and EIRs at the City's request. These services will 9 25C-11 Mr. Pedro Guillen November 8, 2007 Page 2 be billed on a time and materials basis beyond the proposed compensation identified below, or will be bid on separately from this scope of work. Fees and Compensation Jones & Stokes proposes to complete the scope of services identified in Tasks 1 and 2 above for a not-to exceed fee of $10,000. We will bill the City on a time and materials basis in accordance with our standard schedule of fees (attached), As an associate principal and project director at Jones & Stokes, I am pleased to commit our team to continue our successful working relationship with the City of Santa Ana, Should you have any questions, please feel free to contact me at 949/260-1080, Sincerely, Chad Beckstrom, AICP Project Director 10 25C-12 CONFIDENTIAL Attachment A: Jones & Stokes Fee Schedule Effective January 1, 2007 Project Director $200 Technical Director $180 Managing Consultant/Senior Technical Analyst $165 Senior Consultant III $145 Senior Consultant II $130 Senior Consultant 1$120 Associate Consultant III $110 Associate Consultant II $100 Associate Consultant I $90 Lead Editor $85 Support Editor $80 Graphic Artist $75 Librarian $75 Publications Specialist $70 Technician $55 Administrative Technician $55 Intern $50 Report Production: 8,5" x 11" Color photocopying $0. 16/page Report Production: 8,5" x 11" black & white photocopying $0.08/page Automobile mileage at current IRS rate or $0.485/mile Laptop computer (field projects only) $10,OO/day Cellular telephone (field project only) $10,OO/day A general and administrative charge of 10% will be applied to all other direct costs, inclusive of subcontractor charges, Per diem is charged at $160.00/day. A lodging surcharge will apply in high rate areas, Jones & Stokes Associates clients may reduce any current invoice by (1 %) of the billed amount if payment is made within 10 business days of receipt of said invoice, 11 25C-13 25C-14