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HomeMy WebLinkAbout25zAA - AGMT - ENVIRONMENTAL SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: APPROVAL OF QUALIFIED ENVIRONMENTAL CONSULTANT LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL STUDIES {STRATEGIC PLAN NO. 3,3C) CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on la' 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 the attached agreements with the below- referenced list of environmental firms to provide environmental services and related technical studies for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications in an aggregate amount not to exceed $1,500,000 for a period of three years, subject to non- substantive changes approved by the City Manager and City Attorney. Consultants: AECOM Bon Terra Psomas CAA Planning DKS Associates DUDEK Environmental Intelligence, ESA First Carbon Solutions ICF International Kimley -Horn & Associates LSA Associates, Inc. DISCUSSION PCR PlaceWorks Phil Martin & Associates, Inc. PMC RBF Consulting Rincon Consultants, Inc. LLC Stantec T &B Planning Templeton Planning Group UltraSystems Environmental, Inc. URS Corporation Americas Wieland Acoustics, Inc. In order to facilitate investment in the community, staff has identified ways to streamline the environmental process by pre - qualifying environmental consultants. While staff prepares many of the environmental services required for City as well as private development projects, larger and more complex projects often necessitate the hiring of environmental consultants to ensure all state - mandated requirements are satisfied. The hiring of these consultants adds additional and sometimes vital time to development processing. It requires staff to solicit City Council approval to request proposals from several consulting firms for the project, review the proposals, prepare a contract and staff report, and request City Council approval for the consultant. This process can add as much as two months to the development process for each project and, thus, cause substantial delay. 25AA -1 Environmental Consultants Agreements October 21, 2014 Page 2 Similar to many cities, the City of Santa Ana utilizes consulting firms to provide technical expertise relating to environmental services. Recently, the City has contracted with environmental firms to prepare complex environmental impact reports for such projects as Mater Del Parking Structure, Sexiinger Farmhouse and Orchard, Town and Country Manor, The Marke, Lyon Communities at 1901 East First Street and the Harbor Boulevard Mixed Use Transit Corridor Plan. There are two types of development projects where environmental services are needed by the City. The first type is a private development project in which case the developer would pay for the entire cost of the necessary environmental services required for the project. The second project type involves a City Agency such as Public Works, Planning, Community Development or Parks, Recreation and Community Services where the Agency requests environmental services associated with a City sponsored project. City sponsored projects may include street projects, programs, environmental consultation, and grant applications. In the case of a private development project requiring an environmental study, the developer is required to submit payment to the City for the full cost of the contracted service. This payment is placed in a special City deposit account (account no. 09801001- 24035). When the environmental report is completed, the City pays the consultant from this deposit account for work completed. In the case of City development projects, the respective agency would pay the consultant for environmental services from their project funding allocation. In both cases, this requested action would save vital time in the selection and contracting process for consultants. A request for qualifications was sent to 38 consulting firms earlier this year, with proposals from 23 firms received. These proposals were then evaluated and compiled onto a list of qualified firms. The list includes consulting firms that provide all disciplines of environmental and technical studies required to process development projects. It is recommended that the City enter into agreements with pre- qualified consultants for environmental services. These consultants then will be contracted with individually for specific projects each time a private developer initiates a new project in the City. City sponsored projects will have the option of using one of the pre - qualified consultants but will continue to use the existing contracting process. It is recommended that the consultant list be approved due to the technical expertise that the firms possess in providing environmental services and technical studies. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (explore opportunities to encourage a business friendly environment within the city through the reduction of non - essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives {e.g. sales tax sharing, enhancing Small Business Incentive Program, etc.)). 25AA -2 Environmental Consultants Agreements October 21, 2014 Page 3 FISCAL IMPACT Developers are required to pay for the total cost of environmental services required for development projects. Fees for these services will be deposited into a special City deposit account (account no. 09801001 - 24035) in amounts not to exceed an aggregate amount of $1,500,000, and a like amounts will be expended from this account to pay consultants for environmental services for these development projects. This requested action will provide contracted environmental services only for City projects, but does not address any funding requirements or approvals. APPROVED AS TO FUNDS AND ACCOUNTS.` Karen Haluza Francisco Gutierrez Interim Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency MF:rb W.'Environmental Consultants 2014 Exhibit: 1. Consultant Agreements 25AA -3 25AA -4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 21' day of October, 2014 by and between Envlr- onmental Consulting Perm) , 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 services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the City Manager and Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the City Manager, Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the EXHIBIT 1 25AA -5 Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental pi rposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on October 21, 2017, unless terminated earlier in accordance with Section 13, below. The tern of this Agreement may be extended upon a writing executed by the City Manager, Executive Director of Planning and Building and the City Attorney, 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee 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 $hall 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. 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 clairns 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 occurence. Consultant shall supply City with a fully executed additional insured 25AA -6 , 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 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 fall 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 (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 tennination, 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant 25AA -7 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 effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent 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 doomed 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 tele£acsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M -20) P,O. Box 1988 25AA -8 and Santa Ana, California 92702 telefacsimile (714) 973 -1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) F.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: (Name of Environmental Consulting Firm) Address City, State, Zip telefacsimile (_) �- A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any proposal 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 parties, 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 25AA -9 This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. hi 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 tennination, 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 products 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 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or darnages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25AA -10 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: RECOMMENDED FOR APPROVAL: KAREN HALUZA Interim Executive Director Planning & Building Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: NAME Title: Tax ID# 25AA -11 EXHIBIT A CONSULTANT'S PROPOSAL AND PEESCHEDULE 25AA -12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ]Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25AA -13 25AA -14