HomeMy WebLinkAbout25B - AGMT - PROJECT MANAGEMENT STREETCARREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 16, 2013
TITLE:
AGREEMENT WITH EVAN BROOKS
ASSOCIATES FOR PROJECT
MANAGEMENT AND AJ)VOCACY ON
THE STREETCAR PROJECY
CITY
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1' Reading
? Ordinance on 2n° Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Evan Brooks
Associates, subject to nonsubstantive changes approved by the City Manager and City Attorney,
to provide project management and advocacy services for the Santa Ana-Garden Grove Fixed
Guideway (Streetcar) project in an amount not to exceed $75,000.
DISCUSSION
The recommended action will assist the City in guiding the Streetcar Project during the remaining
critical steps to deliver the environmental certification and to help build consensus for the
selection of the Locally Preferred Alternative (LPA). Ongoing project management is essential to
project delivery, especially now that the original consulting agreement with Cindy Krebs
Consulting, Inc. (CKC), has expired. The firm of Evan Brooks Associates has the transportation
and land-use planning background, and the staff to handle the daily and weekly tasks. The firm's
principal, Hal Suetsugu, is experienced with transportation projects and regional consensus
building. The contract is on a not-to-exceed format, whereby the City will only be charged for
actual hours worked; the services delivered under this agreement will be closely monitored by the
Public Works Director in consultation with the City Manager when appropriate.
On May 12, 2008, the OCTA Board allocated $5.9 million to Santa Ana for the modern streetcar
transit concept for detailed planning, preliminary design, financial planning, and environmental
work. Additionally, on May 18, 2009, the City approved a contract with CKC to provide transit
manager consultant services for this project. Work on the environmental documentation and
alternatives analysis has been ongoing. The project involves a number of cities and, to be
successful, will require both local and regional support.
For a variety of reasons, the preparation of the environmental and alternatives analysis has taken
longer than originally anticipated and the agreement with CKC expired on June 30, 2013. When
a possible extension was discussed with the principal of the firm, the City was informed that other
professional commitments had been made and CKC's services were no longer available. As a
result, staff contacted OCTA and other resources to identify other firms that could provide these
transit project management services. The search culminated with the proposal from the firm of
Evan Brooks Associates.
25B-1
Agreement with Evan Brooks Associates for
SA-GG Fixed Guideway Project Management Services
September 16, 2013
Page 2
The proposal scope has been incorporated in the agreement (Exhibit 1). The billing rates are
very reasonable and the effort, in terms of hours, will bridge the existing project management
gap. The services have been proposed in three phases: a) Environmental Documentation
Certification and Alternatives Analysis, b) Public and Government Outreach, c) Regional
Outreach and Project Advocacy.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The proposed contract will have a limit of $75,000. Funds for this project are available in the
Traffic Signal Maintenance account (No. 02917620).
APPROVED AS TO FUNDS AND ACCOUNTS:
Edwin "William" Juez, P.E. Francisco Gutierrez
Interim Executive irector Executive Director
Public Works Agency Finance & Management Services Agency
WG
Exhibit: 1. Consultant Agreement
25B-2
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 16 1h day of September, 2013 by and between
Evan Brooks Associates, 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 strategic
planning for transportation projects.
B. Consultant represents that it 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 project management services for the Santa Ana Fixed Guideway Project
("Project") to guide the certification of the environmental documentation, and to select a local preferred
alternative (LPA), as set forth in Exhibit A, attached hereto and incorporated by this reference.
Consultant may provide outreach services at the written request of the Executive Director of Public
Works or his designated representative.
Additionally, Consultant shall administer City's consultant contracts related to the Project to
ensure the services and deliverables comply with the guidelines of the City's funding partners and
regulatory agencies, including but not limited to OCTA, and the Federal Transit Administration (FTA).
Consultant shall review deliverables submitted by consultants, then forward to City staff. Consultant
shall meet with the Executive Director of Public Works on a regular basis to keep him informed regarding
the progress of the Project, issues which may arise to threaten the schedule or budget, and to receive
direction regarding City's concerns, interests and vision regarding the Project. Consultant shall not take
a position on any policy without first obtaining the direction of the Executive Director.
Consultant shall represent the City at meetings with OCTA, FTA and other regulatory agencies;
develop written correspondence including memos, letters, staff reports, meeting minutes, agendas and
presentations to the City Council and OCTA Board as necessary to keep the City, its funding partners and
regulatory agencies informed of the progress of the Project; and provide written and oral progress reports to
the Project team, including consultants and the Executive Director and his staff.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Exhibit B. Consultant shall ensure that the task hours comply with the proposed
hourly effort. The total sum to be expended under this Agreement shall not exceed $75,000 during the
term of this Agreement.
EXHIBIT 1
25B-3
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.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30, 2014,
unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended upon a writing executed by the Executive Director of the Public Works Agency 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, ajoint 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. 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. Consultant shall supply City with a
fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this 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 3700 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.
25Y-4
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.
section:
The following requirements apply to the insurance to be provided by Consultant pursuant to this
(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 famished 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.
(iv) Certificates and renewals shall be sent to:
Public Works Agency
Jason Gabriel
20 Civic Center Plaza (M-36)
Santa Ana, CA 92702
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 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.
6. 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, 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 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. 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 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.
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
258-5
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.
8. 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.
9. NOTICE
With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, 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 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:
and
Public Works Agency - Design Engineering
Jason Gabriel
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
To Consultant: Evan Brooks Associates
Hal Suetsugu
215 West Seventh Street, Suite 610
Los Angeles, California 90014
Fax 888-421-8798
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
259-6
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.
10. 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, 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.
11. 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.
12. 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.
13. 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.
259-7
14. 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.
15. 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.
16. 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 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.
258-8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Edwin "William" Galvez, P.E.
Interim Executive Director
Public Works Agency
CITY OF SANTA ANA
KEVIN O'ROURKE
Interim City Manager
EVAN BROOKS ASSOCIATES
HALSUETSUGU
Vice Principal
259-9
EXHIBIT A
Scope of Work
Project Management - Santa Ana Fixed Guideway
The City of Santa Ana requires professional assistance to guide the environmental certification
and selection of a locally preferred alternative (LPA)for the Santa Ana Fixed Guideway Project
(hereinafter "Project"). Evan Brooks Associates (EBA) will provide the following services:
a. In cooperation with the Executive Director, manage and oversee the City of Santa Ana
consultant team lead by Cordoba Corporation, to develop and deliver the environmental
certification and select a an LPA for Santa Ana's Fixed Guideway Project.
b. Consultant shall:
1. Develop and maintain the schedule for the Project environmental certification.
Prepare updates for presentation as necessary to the Executive Director or his
designee.
2. Receive and implement direction regarding the Project from the Executive Director or
his designee.
3. Review and evaluate OCTA and FTA processes to ensure the consultant team
submittals comply with statutory, regulatory and administrative requirements.
Consultant shall review and provide comments on documents produced by the
technical team before they are forwarded to OCTA and/or FTA, in addition to tracking
key deliverables and implementation schedules and issues.
4. In cooperation with the Executive Director, coordinate Project team meetings
required to deliver the environmental certification and to select the LPA, including:
• Discuss Project status
• Identify issues
• Develop solutions
• Provide oversight and direction for the Project
• Prepare meeting minutes.
5. Attend the Orange County Transportation Authority (OCTA) Board of Directors and
Transit Committee meetings in relation to the Project, and prepare meeting
summaries for each. Meeting summaries shall include decisions approved, new
issues presented, responsible personnel and timelines for completion of
tasks/deliverables.
6. As necessary, attend meetings of the Mayor and City Council to provide information
and status updates on the Project environmental certification and LPA.
Receive and review for completeness and accuracy, consultant deliverables, prior to
submittal to OCTA, CalTrans, FTA and/or other regulatory or funding agencies.
259-10
EXHIBIT B
CONSULTING FEES
Our firm's fees include time and materials charges directly related to client services. This
includes hours for work tasks, project management and coordination services such as staff
meetings and public presentations, and project direct expenses. The following Table provides a
breakdown of the Firm's hourly rate for consulting work. These rates are subject to change.
REIMBURSABLE HOURLY BILLING RATES
Project Principal $160
Project Manager $140
Project Planner $120
Environmental Specialist $100
Grants Analyst $90
Research Analyst $80
Graphics/Mapping $70
Administrative Support $55
EBA also invoices its clients for the full cost of out-of-pocket expenses directly related to project
assignments under contract.
The following page provides an estimated breakdown of hourly effort by staff for the proposed
services:
25b-11
A
W
PROPOSED HOURLY EFFORT
258°-12