HomeMy WebLinkAbout25E - AGMT - WALNUT PUMP STATION PROJREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 16, 2014
TITLE:
AGREEMENTS WITH PSOMAS, INC., AND
T&B PLANNING, INC., FOR COMPLETION
OF WALNUT PUMP STATION PROJECT
PLANS AND ENVIRONMENTAL
DOCUMENTS (PROJECT NO. 11 -6412)
i
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 181 Reading
❑ Ordinance on 2ntl 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 Psomas, Inc.,
subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide
engineering design, bid support, and construction support services for the completion of the
Walnut Pump Station project, for a three -year period expiring September 1, 2017, in an amount
not to exceed $175,000.
2. Authorize the City Manager and Clerk of the Council to execute an agreement with T &B Planning,
Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to
provide environmental review services for the completion of the Walnut Pump Station project, for a
one -year period expiring September 1, 2015, in an amount not to exceed $17,000.
The Walnut Pump Station located near the intersection of Walnut Street and Flower Street is central
to the City's water distribution system and an integral City asset. Since its construction in the early
1950s, the Walnut Pump Station has been in continuous service without undergoing a major
renovation or improvement to modernize the facility. The City's Water Resources Division has been
developing engineering plans and related documentation for the reconstruction of the Walnut Pump
Station since the fall of 2011. The proposed upgrades will allow the station to run more efficiently and
better respond to fluctuations in daily water system demands, resulting in continuous, reliable, and
efficient service.
In April 2011, the City Council approved an amendment to the contract with Psomas, Inc., for general
water and sewer engineering services. Staff used that contract to develop the plans and
specifications for the Walnut Pump Station project. In April 2013, the City performed a proposals
review and awarded a contract to T &B Planning for the preparation of an environmental review
document to ensure that the pump station project was in compliance with California Environmental
Quality Act requirements. That contract was for an amount not to exceed $25,000 which did not
require Council Action.
25E -1
Agreements with Psomas, Inc., and T &B Planning, Inc., for
Walnut Pump Station Project Plans and Environmental Documents
September 16, 2014
Page 2
Both consultants have completed substantial portions of their work within their scope and budget;
however, the terms of both contracts expired before the final elements of their respective scopes
could be completed. Awarding these new contracts would allow the City to proceed with completion
of the pump station improvement plans, specifications, and on -going support needed during
construction. Both firms are highly reputable for providing professional engineering and
environmental services and have provided excellent service to the City.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6
Objective #1 (establish and maintain a Community Investment
(invest resources and technology to extend the service life of
City's investment and support a high quality of life standard).
ENVIRONMENTAL IMPACTS
There is no environmental impact associated with this action.
FISCAL IMPACT
Community Facilities & Infrastructure,
Plan for all City assets), Strategy C
existing infrastructure to protect the
Funds for Project Number 11 -6412 are available in the Water Capital Construction Fund (Account No.
06617647 66301).
Edwin "William" Galvel, P.E.
Interim Executive Director
Public Works Agency
EG /NS /RR
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Agreement & Fee Schedule with Psomas, Inc.
2. Agreement & Fee Schedule with T &B Planning, Inc.
25E -2
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES WITH PSOMAS
THIS CONSULTANT AGREEMENT made and entered into this 16th day of September,
2014 by and between Psomas, Inc. 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
water resource engineering design 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 fine 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 perform engineering services for the completion of the Walnut Pump
Station Building Upgrade Project, as set forth in Consultant's Walnut Pump Station Building
Upgrade Project Engineering Services Proposal dated July 23, 2014, attached hereto as Exhibit A
and incorporated herein by reference.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which result from the services provided.
Said work product shall be submitted in a hard copy and produced in a form compatible with the
City's computer system, as agreed between the City's Project Manager and Consultant.
In regard to material produced as a deliverable under the Agreement, including but not
limited to books; reports, plans, photographs, drawings, videotapes, and computer programs,
Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that 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 to disclose, publish, translate, reproduce, and use such materials.
EXHIBIT 1
25E -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 Table 1 to Exhibit A. The total sum to be expended for these
services shall not exceed $175,000.00 during the term of this Agreement.
b. Paymentby 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 September 16, 2014 and terminate on September 1,
2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall
have the option to extend the Term of this Agreement for up to one -year, on the same terms and
conditions set forth herein. At the end of the fall Tenn hereof, the Agreement may be extended
to expend any remaining funds to complete ongoing projects, by a writing executed by the City
Manager 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 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.
6. INSURANCE
Prior to undertaking perfonmance 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 which 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, and in the aggregate. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self - insurance programs maintained
by the City; and (c) contain standard separation of insureds provisions.
25E -4
b, Business automobile liability insurance, or equivalent fowl, 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 of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a claim; collectively, "claims "), which may arise from or in any mamrer related
(directly or indirectly) to any work performed or services provided under this Agreement
(including, without limitation, defects in workmanship and /or materials) or Consultant's
presence or activities conducted performing the work (including the negligent and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing
herein shall be construed to require Consultant to indemnify the indemnified parties from any
claim arising from the sole negligence or willful misconduct of the indemnified parties. This
25E -5
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Consultant.
&. 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.
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 facsimile 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
Facsimile: 714 -647 -6956
Copies to: Public Works Agency — Construction Engineering
City of Santa Ana
20 Civic Center Plaza (M -22)
Santa Ana, California 92702
Facsimile: 714 -647 -5058
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
25E -6
P.O. Box 1988
Santa Ana, California 92702
Facsimile: 714- 647 -6515
To Consultant: Psomas, Inc,
Attn: Joseph L. Boyle, P.E.
3 Hutton Center Drive,
Santa Ana, California 92707
Facsimile: 714 -545 -8883
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. I£ 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 facsimile, 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,
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 of termination,
subject to the following conditions:
25E -7
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.
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.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the terns 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.
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 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.
25E -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 A torney
By:
t J hS aka
Oh
City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P.E.
Interim Executive Director - PWA
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONSULTANT:
Psornas, Inc.
Joseph L. Boyle
Vice President
25E -9
Balancing the Natural and Built Environment
July 23, 2014
Mr. Armando Fernandez
Senior Engineer
CITY OF SANTA ANA
220 South Daisy Avenue
Santa Ana, CA 92703
Subject: Walnut Pump Station Upgrade Project
Engineering Services Proposal
Dear Mr. Fernandez:
In response to recent discussions with the City, this engineering services proposal is being provided
for completion of the Walnut Pump Station Building Upgrade Project as described herein.
Scope of Services
Task I — Final Design
Psomas has received and is addressing the City's comments on the 100% design submittal of the
plans, specifications and construction cost estimate (PSE). To date, we are still awaiting guidance
from the City regarding the electrical service design for the proposed street lights along the pump
station frontage. Once that information is received and incorporated into the PSE, we will provide 3
sets of the PSE for final review by the City. The following tasks are anticipated:
1. Address City comments on 100% submittal of the plans, contract documents and technical
specifications
2. Revise plans, contract documents and technical specifications for electrical service to
proposed street lights
3. Submit 3 sets of PSE for Final Review by City
4. Address City comments on Final PSE
5. Submit Final Signed Mylars and Contract Documents
6. Assist City's CEQA Consultant
Task 2 — Bidding Phase Services
Psomas will provide assistance during the bidding phase including:
1. Response to bidder questions
2. Preparation of two addenda as necessary
3 Hutton centre Drive
3. Attendance at re -bid meeting
p �'
Su@e zoo
Santa Ana, CA 92707
4. Assistance in analysis of bids and recommendation for award
Tel 714.751.7373
Fax 714.545.8883
w .psomaocom
25E -10
Mr. Armando Fernandez
Page 2 of 4
July 23, 2014
Task 3 — Construction Phase Services
Psomas will provide the following construction phase services for the project:
1. Attend three (3) project meetings during construction, including the pre - construction
meeting.
2. Respond to up to fifteen (15) Requests for Information (RFI's) during construction.
3. Prepare plan revisions as necessary.
4. Visit the site during construction (5 visits).
5. Review approximately 60 shop drawing submittals (this number is based on our experience
with previous similar projects). The budget includes a second review of each submittal, if
necessary.
6. Prepare record drawings based on as -built set of plans furnished by Contractor.
7. Convert all AutoCAD drawings to Microstation format and deliver drawing files to the City
in Microstation format on a computer disk as part of the final deliverables package.
Task 4 — ISI Envision Rating Process
Psomas will process the Walnut Pump Station Upgrade Project through the EnvisionTM Infrastructure
Rating System. Provided below is a summary of the necessary steps:
Step 1: Project Registration
An EnvisionTM Sustainability Professional (ENV SP) with Psomas will register the project on behalf
of the City of Santa Ana. Maira Tomes, Psomas' Project Engineer for the Walnut Pump Station
Upgrade is a credentialed ENV SP professional and will be responsible for Project Registration and a
majority of the assessment effort. Dennis Phinney (Project Manager) and Joe Boyle (Managing
Engineer) are also ENV SP credentialed and will assist Ms. Torres as necessary in this effort. The
application form includes the name and a short description of the project, the project owner, the ENV
SP's name, and contact information. A required application fee of $1,000 must be paid to ISI when
the application form is submitted.
Once the project is registered, the official online scoring sheet for that project will be opened to
enter, remove and edit data, and a Verifier will be assigned to the project by ISI. The Verifier will
contact the Project Team (Psomas and City) to conduct an initial teleconference to discuss
EnvisionTM goals for the project. After the initial teleconference is complete, the Verifier will notify
ISI and the Assessment step will begin.
Step 2: Assessment
Psomas will provide documentation required to show a Level of Achievement as specified in the
EnvisionTM Guidance Manual. Psomas will access the Scoring Module, an online interactive tool that
guides the user by assigning levels of achievement for each credit. Required documentation for the
various credit categories will be uploaded by the Project Team, as necessary.
25E -11
Mr. Armando Fernandez
Page 3 of 4
July 23, 2014
The onus is on the Project Team to ensure the documentation submitted with the assessment
demonstrates the Level of Achievement claimed. The Project Team may contact the Verifier during
the Assessment for clarifications or questions on EnvisionTM like evaluation, documentation or
interpreting Levels of Achievement. Psomas will notify the Verifier and ISI when the Assessment is
complete.
Step 3: Verification
The Project Team will notify the ISI when they want to begin the Verification and will pay
the Verification Fee, which is based on the dollar value of the project.
The Verifier (3`a party ENV SP) will review the Levels of Achievement and supporting
documentation provided by the Project Team. If additional documentation is required to prove a
Level of Achievement, the Verifier will request it from the project team.
The Verifier lists an interim score and notifies ISI when the Verification is complete.
Step 4: Authentication
The ISI Authenticator will review the Verification to ensure the same standards and interpretations
are applied to all projects.
The Authenticator's confirmation of the Verifier's score is considered the final project score. If the
Authenticator's final decision on a credit differs from the Verifier's, the Project Team will be notified
to provide additional proof where documentation was not sufficient to support the Level of
Achievement requested.
Notification of the final score is sent to ISI, the Verifier, and the Project Team. After the notification
is sent, the Verifier will contact the project team to schedule a Verification close out teleconference
to discuss the final score. After the Verification close out teleconference is complete, the Project
Team may request an appeals process. Otherwise, the project will move to the Recognition step.
Step 5: Recognition
Recognition consisting of Bronze, Silver, Gold or Platinum awards will be given based on the
percentage of applicable points achieved.
ISI Envision Fee
As mentioned above, the initial ISI Application fee is $1,000. The ISI Verification fee is based on the
estimated dollar value of the project. Our current engineer's estimate for the Walnut Pump Station
Upgrade project is $3.9 million. For projects between $2 -5 million, the Verification fee is $8,500 for
non - members and $7,000 for ISI members. Since Psomas is an ISI member, the $7,000 fee will apply.
Based on a recent similar effort in submitting a project through the EnvisionTM system (South LA
Wetlands Park for the City of Los Angeles), Psomas' fee for preparing the Application and
Assessment will be $20,000. As a goodwill gesture to the City, Psomas is willing to contribute
$5,000 of "in- kind" effort. Some effort will also be required by City staff in providing documentation
during the Assessment process.
25E -12
Mr. Armando Fernandez
Page 4 of
July 23, 2014
Costs and fees associated with the ISI Envision process are as follows:
Description
Fee
ISI Application Fee
$1,000
Application and Assessment by Psomas
$20,000
ISI Verification Fee
$7,000
Subtotal
$28,000
Psomas In -Kind Contribution
($5,000)
Total Cost to City
$23,000
We propose to provide engineering services to complete the scope of work as discussed above on an
hourly basis with the total fee not to exceed $162,000 as shown in the attached Table 1.
The following services are excluded from our scope of work:
• Geotechnical services
• Construction inspection
• Material testing
• Surveying
• Permit processing
If you have any questions, please do not hesitate to call Joseph Boyle at 481 -8060.
Sincerely,
PSOMAS
Joseph L. Boyle, P.E.
Vice President
25E -13
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CONSULTANT AGREEMENT FOR
ENVIRONMENTAL SERVICES WITH T&B PLANNING, INC.
THIS CONSULTANT AGREEMENT made and entered into this 16th day of September,
2014 by and between T &B Planning, Inc., 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 review documentation and processing 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:
SCOPE OF SERVICES
Consultant shall perform environmental services in compliance with CEQA for the
completion of the Walnut Pump Station Building Upgrade Project, as set forth in Consultant's
Proposal to Provide CEQA Consulting Services for the Walnut Pump Station dated April 26,
2013, attached hereto as Exhibit A and incorporated herein by this reference.
2. DELIVERY OF WORD PRODUCT
Consultant shall deliver to City all work product that results from the services provided.
Said work product shall be submitted in a hard copy and produced in a form compatible with the
City's computer system, as agreed between the City's Project Manager and Consultant.
In regard to material produced as a deliverable under the Agreement, including but not
limited to books, reports, plans, photographs, drawings, videotapes, and computer programs,
Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that 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 to disclose, publish, translate, reproduce, and use such materials.
25E -15
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 attached hereto and incorporated herein. The total
sum to be expended for these services shall not exceed $17,000.00 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 September 16, 2014, and terminate on September 1,
2015, unless terminated earlier in accordance with Section 13, below. The City Manager shall
have the option to extend the Tenn of this Agreement for up to one -year, on the same tenns and
conditions set forth herein. At the end of the full Term hereof, the Agreement may be extended
to expend any remaining fiends to complete ongoing projects, by a writing executed by the City
Manager 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 of the City. This Agreement is not intended nor
shall it be consti acd 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:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which 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, slid property damage, in the total
2
25E -16
amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self - insurance programs maintained
by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the 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 fornl 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 (3 0) 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 of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City,
7. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a claim; collectively, "claims "), which may arise from or in any manner related
3
25E -17
(directly or indirectly) to any work performed or services provided under this Agreement
(including, without limitation, defects in worlananship and/or materials) or Consultant's
presence or activities conducted performing the work (including the negligent and /or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing
herein shall be construed to require Consultant to indemnify the indemnified parties from any
claim arising from the sole negligence or willful misconduct of the indemnified parties. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Consultant.
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 firrther 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.
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 cormunication 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 facsimile 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
4
25E -18
Santa Ana, CA 92702 -1988
Facsimile: 714- 647 -6956
Copies to: Public Works Agency -- Construction Engineering
City of Santa Ana
20 Civic Center Plaza (M -22)
Santa Ana, California 92702
Facsimile: 714 - 647 -5058
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile: 714 -647 -6515
To Consultant: T &B Planning, Inc,
17542 East 17th Street, Suite 100,
Tustin, California 92780
Facsimile: 714-505-6361
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 facsimile, 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,
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.
25E -19
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 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.
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.
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
25E -20
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.
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 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.
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 RV
C )Kity A orn
By:
Ryan Of
Assistant
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P.E.
Interim Executive Director - PWA
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONSULTANT:
T &B Planning, Inc.
Tracy Zinn, AICP
Vice President
25E -21
EXHIBIT f9
25E -22
1
TLIStin, CA I San Diego, CA I Murrysville, FA IN 788-0040
P L A N N 1 N G 17542 East 17th Street, Suite 100 Tustin, CA 92780 p71l.505,6360 f7L4.505,6361
Transmitted Via U.S. Postal Service
April 26, 2013
Armando Fernandez
City of Santa Ana Public Works Agency
Corporate Yard, M -85
220 S. Daisy Avenue
Santa Ana, CA 92702
RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE WALNUT PUMP STATION LOCATED WITHIN THE CITY OF
SANTA ANA
Dear Fernando:
T &B Planning, Inc. Is pleased to submit this proposal to provide professional CEQA consulting services for the
proposed Walnut Pump Station Building Upgrade project. The project consists of the replacement of an existing
pump station building with a larger building, the construction of a masonry storage building, in addition to other
site Improvements, and is located at 723 West Walnut Street In the City of Santa Ana.
The enclosed proposal provides a work program and not -to- exceed budget for the preparation and processing of
a Mitigated Negative Declaration (MIND) in support of the proposed project.
TO Planning has been in business since 1974 and has proudly served many private and public sector clients over
our 39 -year history. We have extensive experience in project management and coordination, and are
particularly skilled in preparing CEQA documents that are comprehensive and legally defensible. The enclosed
proposal consists of the following exhibits, which concisely set forth our qualifications and professional
methodology for completing services in a timely and efficient manner.
• SCOPE OF WORK - EXH ISITA • HOURLY RATES AND BILLING POLICY -EXHI BIT
• PROJECTBUDGET- EXI- IIBITB • AUTHORIZATION EorM- EXHIBITD
Thank you for your time and careful consideration. We look forward to working with you and other City
representatives. If any additional information is required or if you have any questions about our proposal, please
contact Senior Project Manager Jeramey Harding at (760) 452 -2300, or via email at ihardinprltbpplanning.com.
Sincerely,
T &B Planning, Inc.
Tracy Z nn SIC
Vice President
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Revised xou -u / -xx
25E -23
CEQA Consulting Services — Walnut Pump Station Building
EXHIBIT A: SCOPE OF WORK
.1
111-4
FLAh NING
Provided below is T &B Planning's recommended work program for preparing a MIND in support of the Walnut
Pump Station Building Upgrade (hereafter, "the proposed project "). Please note that the Scope of Work
described. below will likely not he undertaken chronologically as presented, as there may be considerable
overlap on the timing of each task. Additionally, all meetings and coordination Is included under Task g, although
these efforts will occur throughout the entire scope of work.
It should be noted that the following scope of work does not Include the preparation of any technical studies.
However, it is recommended that the City of Santa Ana consider commissioning a construction -level Air Quality
Impact Analysis to support the MND's conclusion that near -term air quality impacts would be less than
significant, or reduced to less than significant levels with the Incorporation of mitigation measures. Additionally,
in the event that project construction would result in any noise - producing activities during nighttime hours (e.g.,
operation of generators or pumps), then a construction -level noise impact analysis also should be commissioned
by the City. This proposal also assumes that the project's engineer will prepare a hydrology study and water
quality management plan (WQMP), both of which will be needed in support of the MND's analysis of impacts to
hydrology and water quality.
TASK 1: RESEARCH, DATA ACQUISITION, AND REVIEW
During this task, we will collect and review all applicable information about the proposed project and subject
property that Is on file at the City of Santa Ana Public Works Agency. We also will consult our in -house GIS
database to identify information relevant to the CEQA analysis. Lastly, If GPS- referenced photographs of the
property are not supplied to us by the City, our staff will conduct a cursory field visit to document existing site
conditions, surrounding development, and other aspects of the site's physical and environmental setting that
will need to be described in the CEQA document. The photos will be GPS- referenced and used as the baseline for
the CEQA document and the aesthetics evaluation required by CEQA.
TASK 2: PREPARE SCREENCRN;CK DRAFT INITIAL STUDY
T &B Planning will prepare a Screencheck Draft Initial Study (IS) using the City of Santa Ana's Initial
Study /Environmental Checklist Form (herein, "Initial Study "), based on CEQA Appendix G. The Screencheck Draft
Initial Study will include: a brief description of the proposed project and associated approvals (if any); a
description of the project's location; an overview of existing site and surrounding conditions /environmental
setting; an examination of whether the proposed project would be consistent with existing zoning, plans, and
other applicable land use controls; a list of references used in the preparation of the Initial Study; and the names
and qualifications of the persons who participated in preparing the Initial Study, The Initial Study also will
identify the required CEQA document (which, for purposes of this proposal, is assumed to be a MIND).
The Initial Study's Environmental Checklist and Responses to Environmental Checklist will be thoroughly
completed as part of this task. Each response will be detailed and every conclusion will be supported by
substantial factual evidence. The Responses to Environmental Checklist section will contain pertinent analysis
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T &B Planning, Inc.
Page 1 of 9
25E -24
�1
CEQA Consulting Services— Walnut Pump Station Bullding
EXHIBIT A: SCOPE OF WORK r nn iNc
and determine the significance of impacts to the following environmental resource areas:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Geology /Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Material
• Hydrology /Water Quality
• Land Use /Planning
• Mineral Resources
• Noise
• Population /Housing
• Public Services
• Recreation
• Transportation/Traffic
• Utilities /Service Systems, and
• Mandatory Findings of Significance
Each of the environmental issue areas will be assigned a significance rating of "No Impact," `less than Significant
Impact," or "Less than Significant with Mitigation Incorporated." (Note: if any significance rating is "Potentially
Significant Impact," for which feasible mitigation measures do not appear to be available, we will immediately
notify the City to determine how to proceed and advise whether or not a MIND remains the appropriate type of
CEQA document.) For each issue area, detailed, objective -based analysis will be provided within the Responses
to Environmental Checklist section to provide substantive evidence for the conclusion drawn. References will be
cited and relied upon as appropriate. Mitigation measures will be Identified for any impacts determined to be
potentially significant.
TASI{ 3: PREPARE DRAFT INITIAL STUDY
Fallowing City review of the Screencheck Draft Initial Study, T &B Planning will revise the document to respond
to any comments or questions received from City staff and /or the City's legal counsel. The budget allocated to
this task assumes that comments resulting from the City's review will be moderate to minor in nature and will
not necessitate substantial revisions to the proposed project.
TASK 4: PREPARE MITIGATION MONITORING AND REPORTING .PROGRAM
T &B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law
and City of Santa Ana requirements to ensure the implementation of mitigation measures following project
approval, The MMRP will be provided as part of the Draft Initial Study (Task 3). This proposal includes one round
of revisions to the MMRP in strikeout /underline format based on comments provided by City staff, and further
assumes that any comments provided by the City will be for the most part minor In nature.
TASKS: PREPARE FINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
After the second round of review, the City will either deem the Initial Study adequate or request additional
revisions. We assume that the Initial Study will be found adequate or require only very minor changes at this
point in the process. However, if any substantive issues remain, T &B Planning will arrange a meeting with City
staff to discuss the comments and recommend appropriate ways to address remaining concerns.
This scope of work assumes that the Initial Study will conclude that a MIND is the appropriate type of CEQA
Walnut Pump Station
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April 26, 2013
T &B Planning, Inc.
CEQA Consulting Services — Walnut Pump Station Building
EXHIBIT A; SCOPE OF WORK
.I OR
44 -Al
TNNi
document. The substance of the MND will be the Initial Study, accompanied by additional documentation that
Includes a detailed description of the proposed project and discusses: 1) the requirements of CEQA, 2) the
primary purpose of a MND; 3) the standards for adequacy for a MND pursuant to the State CEQA Guidelines; 4)
the format and content of the MIND; and 5) the City's processing requirements to consider the proposed project
and MND for approval. T &B Planning will submit the draft MND to the City for review and approval. The budget
for this task assumes a single round of revisions to the MND to Incorporate a modest to minor set of comments
from the City and /or its legal counsel. The need for extensive revisions Is not anticipated or budgeted for in this
proposal.
Upon receiving the City's authorization to finalize the Initial Study and MND (IS /MND), T &B Planning will prepare
and print one (1) "photo ready" set of originals of the Initial Study and MIND one (1) CD of the MND and any
associated technical reports. For purposes of this proposal, it is assumed that the City of Santa Ana will be
responsible for producing all hard copies and /or CDs of the IS /MND document that will be distributed for public
review.
TASK G: CIRCULATE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
T &B Planning will prepare the Notice of Intent (N01) to Adopt a MND and the Notice of Completion (NOC)
required for the Initial Study and MND's 30 -day public review period. Pursuant to CEQA requirements, the N01
will Include a brief description of the project and its location; starting and ending dates of the public review
period; date, time, and place of public meetings or hearings to consider the project (if known at the time of
notice); address where copies of the IS /MND are available for review; and disclosure If the project site is on any
lists enumerated under Section 65962.5 of the Government Code (hazardous waste sites). The NOC form will be
obtained from the State Clearinghouse website. One (1) electronic copy each of the NOI and NOC will be
provided to the City.
T &B Planning will work with City staff to ensure that the N01, NOC, and IS /MND are properly distributed for
public review and meet CEQA distribution procedural requirements. For this project, noticing will need to occur
as follows:
• The NOI will be mailed to responsible agencies, trustee agencies, and the Orange County Clerk, as
well as all organizations and individuals who previously requested notice (CEQA Guidelines Section
15072(a) & (b)); and
• The NOI will be publically advertised in at least one of the following ways: 1) publication in a
newspaper of general circulation in the area affected by the project; 2) posting of notice on and off -
site in an area where the project is to be located; and /or 3) direct mailing to owners and occupants
of contiguous property shown on the latest equalized assessment roll (CEQA Guidelines 15072(b)1-
3).
This proposal assumes that the City will compile the distribution list and provide mailing labels for the
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25E -26
T &B Plannine, Inc.
rr
CEQAConsultingServices — WalnutPumpStationBuilding i M
EXHIBIT A: SCOPE OF WORK rNNNPa n n t
distribution list, T &B Planning will review the list and suggest appropriate modifications, if any. Further, we
assume that the City will conduct the mailing of the NOI, NOC, and IS /MND. The budget allocated to this task
also assumes that the City will conduct any advertisement in local newspapers and /or on- and off -site posting of
the N01. If T &B Planning is requested to conduct the mailing, newspaper advertisements, and /or on- or off -site
posting, additional budget will be required.
TASK 7: CONSIDERATION OF PUBLIC COMMENT
Upon completion of the public review period, T &B Planning will review all comment letters, and evaluate the
IS /MND for CEQA adequacy in consideration of the submitted comments. In response to letters of comment,
revisions may be necessary to the IS /MND which will be discussed with the City and authorized prior to changes
being made to the document. For purposes of this proposal, our budget assumes that only minor changes
would be necessaryto the document in response to public comment.
TASK S: MEETINGS AND COORDINATION
T &S Planning will attend up to three (3) in- person meetings. For purposes of estimating cost, we have assumed
that the meetings will have a duration of two (2) hours each. Time attending and traveling to /from in- person
meetings will be billed on a Time and Materials basis against the not -to- exceed budget for this task. If less time
Is required, we will only bill forthe time actually spent.
Additionally, this task is intended to cover all coordination efforts associated with T &B Planning's work. This
includes preparing /updating project schedules and all external coordination Including but not limited to
communication via phone, e-mail, letter, memo, and /or web -based conferencing with City staff, public agencies,
legal counsel, and any technical report preparers (as needed), This task will commence upon authorization of
our contract and will continue throughout the duration of the project.
All coordination work performed by T &B Planning will be within our proposed not -to- exceed budget and billed
on a Time and Materials basis. Because the number of meetings and some of the coordination work will be
reactive to City staff requests, the actual number of hours associated with this task may be higher or lower than
the estimated budget. If less time is required, we will only bill for the time actually spent. If the budget amount
becomes drawn down to less than 5 remaining hours, T &B Planning will notify the City to determine how
remaining coordination work can be completed in 5 hours or less.
TASK 9: ATTEND PUBLIC HEARING
A T &B Planning Senior Project Manager (Jeramey Harding) will attend up to one (1) public hearings before the
City of Santa Ana decision - making body. Time preparing for, attending, and traveling to /from the public hearing
will be billed on a Time and Materials basis against the not -to- exceed budget for this task. If less time is
required, we will only bill for the time actually spent. If preparation time required exceeds three (3) hours or if
the public hearing is longer than four (4) hours, the additional time will be billed against Task B. This proposal
assumes that any presentation materials needed in support of the public hearings will be prepared by the City.
Walnut Pump Station
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25E -27
All 26, 2013
T &B Planning, Inc.
CEQA Consulting Services — Walnut Pump Station Building
EXHIBIT A: SCOPE OF WORK
Presentation materials are not budgeted at this time.
TASK 10: PREPARE AND POST NOTICE OF DETERMINATION
J E
V L
PLANNING
After City approval of the Initial Study and MIND, T &B Planning will prepare a Notice of Determination (NOD)
form pursuant to CEQA Guidelines Section 15075, Once reviewed and approved by City staff, T&B Planning will
post the NOD with the County Clerk. Timely filing (within five (5) working days of final decision) of the NOD by
the Lead Agency (City of Santa Ana) reduces the statute of limitations on court challenges to the approval under
CEQA from 180 days to 30 days.
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25E -28
April 26, 2013
T &B Planning, Inc.
CEQA Consulting Services —We I nut Pump Station Building
EXHIBIT B: PROJECT BUDGET
d
PtANNIHG
T &B Planning shall provide the services set forth in the Scope of Work pursuant to the following schedule and
budget.
Task 1: Research, Data Acquisition, and Review Fixed Fee
$660.00
Task 2: Prepare Screencheck Draft Initial Study
Fixed Fee
$7,200.00
Task 3: Prepare Draft Initial Study
Fixed Fee
$1,525.00
Task 4: Prepare Mitigation Monitoring and Reporting Program
Fixed Fee
$550.00
Task 5: Prepare Final Initial Study and Mitigated Negative Declaration
Fixed Fee
$1,490.00
Task 6: Circulate Initial Study and Mitigated Negative Declaration
Fixed Fee
$880.00
Task 7: Consideration of Public Comment
Fixed Fee
$440.00
Task 8: Meetings and Coordination
Estimated Fee
$2,310.00
Task 9: Attend Public Hearing
Estimated Fee
$770.00
Task 10: Prepare and Post Notice of Determination
Fixed Fee
$560.00
TOTAL PROJECT
BUDGET: M
Notes:
1) The fees for 1 through 7 and Task 10 are not -to- exceed fixed fees based an the accompanying Scope of Work. These fees will not be exceede(
unless the City of Santa Are dictates changes to the Scope of Work.
2) The fees for Tasks 8 and 9 are estimates for budgeting purposes. Wark shall be performed under this phase on aTime and Materials basis.
3) The above fees do not include out -of- pocket expenses (including, but not limited to, blueprinting, printing, duplicating /copying, reproduction,
photography and delivery services) and outside services performed by others for unexpected work.
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CEQA Consulting Services— Walnut Pump Station Building
EXHIBIT C: HOURLY RATES AND BILLING POLICY
P LB N NI N
at any time during the completion of this project, we are requested to perform services beyond the Scope of
Work or If T &B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for
such work In accordance with the hourly rates provided below:
Principal .............................................................. ...............................
$175.00 1Hour
Senior Associate ................................................. ...............................
$125.00 1Hour
Senior Project Manager / Senior Planner /Senior Designer .................
$110.00 11-iour
Project Designer .................................................. ...............................
$ 95.00 1Hour
Project /GIS /Graphics Manager ........................... ...............................
$ 85.00 1Hour
Project Planner ................................................... ................................
$ 70.00 1Hour
Environmental Analyst ........................................ ...............................
$ 70.00 11iour
Staff Pl anner ........................................................ ...............................
$ 55.00 11-lour
Graphic Artist ....................................................... ...............................
$ 55.00 1Hour
Assistant Planner ................................................. ...............................
$ 40.00 1Hour
T &B Planning's hourly rates do not Include out -of- pocket expenses (including, but not limited to, blueprinting,
duplicating /copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery
services), These expenses will be billed at cost plus 15% for administration. Expert testimony and litigation
support services will be billed at double the above rates.
Unless pre- arranged, all billing statements are due and payable within thirty (30) days of the submittal
date. Our normal finance charge of 1 -1/2% per month will be charged on all Invoices not paid within thirty (30)
days of submittal. T &B Planning's procedure for prioritizing work is strongly influenced by timely payment of
invoices by the Client,
Outside professional services performed by other individuals /firms that are sub - contracted through T &B
Planning will be performed only following authorization by you. Billing for any services that are sub - contracted
will be billed at our actual cost plus 5% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T &B Planning, its sub - consultants and vendors Is not
dependant on agency concurrence or approvals.
The Client agrees to limit T &B Planning's design professional liability to the Client and to all construction
Contractors and Subcontractors on the project, because of T &B Planning's negligent acts, errors, or omissions,
such that the total aggregate liability of T &B Planning's liability shall not exceed $50,000 or T &B Planning's total
fee for services rendered on this project, whichever Is greater.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T &B Planning in its files shall be stored for a period of five years after completion of this project and
then discarded, unless T &B Planning is advised in writing by the Client to retain or transfer such files.
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CEQA Consulting Services — Walnut Pump Station Building
EXHIBIT D: AUTHORIZATION FORM
P6M1NMING
The parties hereto and previously Identified hereby have agreed upon the terms and provisions set forth within
this Proposal, including the Exhibits attached hereto and incorporated herein. The parties further agree that this
Proposal constitutes a legal Agreement solely between T &B Planning, Inc, and CITY of SANTA ANA executed as of
this 26th of April 2013.
T &B Planning, Inc. [hereafter "T &B Planning "] and CITY OF SANTA ANA agree that CITY of SANTA ANA may request
that T &B Planning cease or suspend work on the project at any time. In that event, T &B Planning shall prepare
and submit an Invoice for work completed as of the date T &B Planning was notified to cease or suspend work.
CITY of SANTA ANA agrees to compensate T &B Planning for work performed under this Agreement through the
date work was ceased or suspended.
IN WITNESS WHEREOF, the parties to this Agreement have executed this agreement effective as of the date
and the year first above written.
T &B PLANNING, INC.
a California Corporation
By:
Tracy Zin
Its:
Vice President
Dated:
Aprll 26, 2D13
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CITY OF SANTA ANA
By:
Its:
Doted:
April 26, 2013
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