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HomeMy WebLinkAboutMIG, INC. 1INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRM' 8 is CLERK OF COUNCIL DATE:WJ 9 'du'le MAYOR Miguel A, Pulido MAYOR PRO TEM Vicente Sermiento COUNCIL.MEMBERS Angelica Amezcua P. David Banavides Michele Martinez Roman Reyna Sal Tlnalero PLANNING & BUILDING AGENCY 20 Civic Center Plaza P.O. goir 1988 • Santa Ana, California 92702 www.santa-ana.org/pba November 8, 2016 Laura R. Stetson, AICP Principal MIG, Inc. 537 S. Raymond Avenue Pasadena, CA 91105 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Re: Letter of Agreement for Consultant Services: preparing Southern California Association of Governments (SCAG) application for the 2016 Sustainability Planning Grants Program — Integrated Land Use Category Dear Ms. Stetson: This letter shall be our Agreement regarding the consultant services described below ("Services") to be provided by MIG, Inc, ("Consultant") as an independent contractor to the City of Santa Ana ('City"). This Agreement is for the purpose of engaging Consultant to prepare a SCAG application for the 2016 Sustainability Planning Grants Program — Integrated Land Use Category on behalf of the City (the "Project"). The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. Consultant shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City of Santa Ana Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall not exceed Four -Thousand Nine Hundred Ninety -Nine and 99/100 Dollars ($4,999.99). All invoices shall be submitted directly to the City's Planning and Building Agency, SANTA ANA CITY COUNCIL MigualA Puft vmanta$errrd� eMmlNax Ange;ka iki zea P David amerokfes Roman Reyna Sal Tai W. Msya' Mayor Pro Tem, Ward t Ward Ward ward Wards Wada nma�i Nn»-vna vra V$»rmieniohLsentaane.wo M ina;{ sgpta verp {S,A�2::u9yOtSailiA-anal e6enavld_,%rAP0t@gnao Ravna�sarrta-ana am ST�ne'ro saata-enp om Laura R. Stetson, AICP WIG, Inc. November 8, 2016 Page 2 Consultant shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by City for the Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees which meets all requirements of state law. Services on the Project shall begin immediately and be completed by the deadline provided by the Planning and Building Agency, unless extended by City in writing. City may terminate this Letter of Agreement at any time with or without cause. If City finds it necessary to terminate this Letter or Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only. Consultant shall indemnify and hold the City of Santa Ana, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages and injuries to property or persons, including wrongful death, to the extent caused by or arising out of any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services under this Agreement, including, without limitation, the payment of reasonable attorneys fees and other related costs and expenses. Consultant's services are for purposes of assisting the City, and are thus subject to a variety of privileges. All documents, records, correspondence, including emails, audio or video recordings, photographs, written notes, reports, information and data regardless of physical form or characteristics that is provided to or prepared by or assembled by Consultant shall be deemed confidential and shall be maintained as such at all times during and after the services hereunder described are provided to City. Any audio or video recordings, photographs, written notes, reports, correspondence including emails, or any other document or record regardless of physical form or characteristics that is maintained by Consultant in performance of the Services shall not be released to any third parry without City's written consent. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records. [Signatures on following page] SANTA ANA CITY COUNCIL Migwl A. Putldo V"ente SaaniaMo Midiolo Martinez Angolica Amuwn P. David Sonavitles Raman Raps Sal Tlnaiam Mayor Mayor Pro Tam, Ward 1 Wam2 Ward Word Wards Word MPulido(diaentaana.atg YSarm•entot�s�n�a;a��g g� � ljflez sane-uno ora MrLaZ,0(p'gMta",= 2akM'Aanddannta-a is org tj{tevna sante-nnm orn 5T'n _Mft,WrjL"rd,l Laura R. Stetson„ AICD MICR, Inc. November 8, 2016 Page :3 RECOMMED FOR APPROVAL 1 -la, san iiaghani ! Executive Director Planning and Building Agency APPROVED AS TO FORM: SONIA R. CARVALHO City Attjpey n By: _ Ryan MIC, INC. Reviewed and Accepted by C.'onTultant: �5vv�rr:� Principal ATTEST: ARIA D. HUIZAR lerk of the Council CITY ANTA ANA DAVID AVAZOS City Manager SANTA ANA CITY COUNCIL 4119W A PlAd a Weplc set a rto MiNere M&fi .z moor ee Nmmie V DW40,eu dml Roman Ro,,o W Tmapu M uli.J,W ffiQSB.: a,Sv�'3 V [_n• !}w;y ,xnr�lr!".$Ch�'.Cd.9 L t ffimamlita.miaa 6iiaxttMAW39:9 A -9M e7limP4£!K'ft--FAC Laura R. Stetson, AICP MIG, Inc. November 8, 2016 Page 4 Project Understanding The Southern California Association of Governments is accepting applications for the 2016 Sustainability Planning Grants Program. The Sustainability Planning Grants (SPG) Program Integrated Land Use Category (ILU) seeks to implement SCAG's 2016 Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS) long-range vision for transportation and land use planning for the region, and to fulfill SCAG's responsibilities to achieve the greenhouse gas (GHG) emissions reductions called for in Senate Bill 375 (SB375) through resource conservation and integrated land use and transportation. The goals of the SPGOILU program are to: • Identify regional strategic areas for infill and investment • Focus new growth around transit • Plan for growth around Livable Corridors • Support local sustainability planning and climate action planning • Continue to foster jurisdictional support and promote implementation of the goals, objectives and strategies of 2016 RTP/SCS • Encourage integrated concepts and produce plans that promote implementation, are eligible for sustainabilityooriented funding, and help achieve a regional shared vision The SPG Call for Proposals seeks to support the goals below. In addition, each category has additional goals for the eligible project proposal types, • Provide needed planning resources to local jurisdictions for sustainability planning efforts • Develop local plans that support the implementation of the 2016 RTP/SCS • Increase the region's competitiveness for federal and state funds, including but not limited to the California Active Transportation Program and Greenhouse Gas Reduction Funds. All project sponsors must be prepared to initiate their projects in Spring 2017 and to complete work within 12 to 36 months of project initiation, depending on the project complexity. Scope of Work We will undertake the following Scope of Work to process the SPG-ILU grant application. MIG will prepare a complete draft of the application and provide the draft to the City for edits and refinements. If the City wishes MIG to do the refinements, such work will be billed as additional services with prior authorization from the City. Task 1: Project Orientation • Meet with City staff to discuss the application, process, and timeline • Identify the City's potential issues, needs, goals, and concise objectives • Identify and collect date from the City and other sources of which we are aware • Visit and evaluate project area and surrounding area to identify potential issues • Analyze existing and surrounding land uses, occupancies, and traffic • Take photos of project area Task 2: Research information for the Grant Focused Purpose Application • Develop an understanding of sustainable development and climate actions in the City and project area • Develop understanding of current City policies, ordinances, guidelines, etc. • Review all policies and ordinance related to active transportation • Review the proposed project's land use and design for compliance with all applicable policies, codes, regulations, and guidelines SANTA ANA CITY COUNCIL Miguel A. Pulido \A Rnte Sarrnienlo Michele Meninaz Angelica Amezcua P Davltl aanavides Ronan Rayne Sal Tapp. Mayor Mayor Pro Tern, Ward 1 Ward?. Wards Ward Wards Word Pulitl �Nsen-ana.orn V ar le�fn(cp5�[V+�-Sa-@,g[g 4�rlineztolaanta-arygyrg r ezcuar�eanla_sn�,_a!N 4eonevi e ar�n6r nn ora RRavnaRLsante-arlg,og aL10—M@NQnt_-M Laura R. Stetson, AICP MIG, Inc. November 8, 2016 Page 5 • Review the proposed project's distribution, location, intensity, and extent of major components of infrastructure and facilities needed to support the plan, including transportation, sewage, water, drainage, solid waste disposal, energy, and others • Review the proposed project's standards and criteria for development, and standards for the conservation, development, and utilization of natural resources, where applicable • Review the proposed project's program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to implement the elements of the grant application • Research census tract and SCAG documents regarding project's area disadvantaged population • Identify a minimum of three other jurisdictions or stakeholder groups that will contribute resources to the project's success Task 3: Prepare Draft Grant Application • Prepare 2016 Sustainability Planning Grants application form for either Integrated Shared Vision or Focused Purpose • Describe the project and City's approach for reducing VMT and/or GHG • Identify the planning gap(s) and desired impact(s) on improving sustainable development • Describe the land uses and transportation plans and policies that have been developed • Identify strategies for implementing the Sustainability Component of the RTP/SCS and how implementation will result in a decrease of VMT and/or GHG emissions • Identify potential methodology that will lead to measurable progress • Identify sustainable obstacles that discourage sustainable development and climate action and developed implementing strategies • Identify and prepare the project's goals, objectives, with reasonable probability of achievement • Identify innovative approaches, strategies, and desired results for public outreach and participation • Identify existing methodologies, tools, and templates to be included in the plan and incorporated in the project Task 4: Manage and Maintain Communication with City Staff • Coordinate with City to ensure the process, status, and timelines are met • Provide project information to City • Distribute project related plans, reports, studies, and documents to City Budget The total budget for preparing the 2016 Sustainability Planning Grants Application/Focused Purpose Application is $4,999.99. Invoices will be based on actual hours, not to exceed the total budget. As noted above, this fee covers preparation of a complete draft application. City staff will be responsible for making any required edits or refinements. Staff Hourly Rate Lisa Brownfield — Director $185 Debbie Drasler — Senior Planner $125 Administrative Support $ 95 Schedule We are committed to meeting the aggressive schedule the City has established for the project, which assumes submission of the application to the City by November 14, 2016 to allocate time for the City to review and revise, create a PDF of all documents to be submitted, and submit the final application to SCAG by the November 18, 2016 deadline. SANTA ANA CITY COUNCIL MiOuoi A. Pulido Virm e3 Sarmiento Michele Martinez-Argenta Amezcua P David Benovides Roman Reyna Sal Tinajero Mayor Mayor Pro Tam, Ward i Ward Ward3 Ward Wards word M—P idagsentemna.mmrj_6arSilgAt ggS r{3�t5S[9 iSU1J.az(rDeama-one ora AAM ez-cuaCOeanta-anaarn g4iu v, yg�gg�•,ane am RRevna sena-an�g ST neara(Weanla`anW Client#: 2042 MOOREIACO ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 0912016ff 911 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER Dealey,Renton &AssociatesP�ICNdF P. O. Box 12675 Oakland, CA 94604.2675 510 465.3090 CONTACT Jo Lusk NAME: EXt;590465.3090 'A"IX,Nn;510452.2193 EMAI�Ss, jlusk@dealayronton.com _ INSURERISIAFFORDING COVERAGE 'NAICA IN$URERA; Travelers Property Casualty Co 25674 INSURED INSURER 0: Travelers Indemnity Company 25658 Moore lacofano Goltsman, Inc. INSURER C: Twin City Fire Insurance Co. 29459 800 Hearst Avenue Berkeley, CA 94710 INSURER D: ACE American Insurance Company 22667 INSURER E; INSURER F i PRODUCTS -COMPIOP AGO s21000,000 COVERAGE$ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE ADO 9WeeUB POLICY NUMBER MMIDDfYYYFY MMNDYIYYYY LIMITS A B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR 6801H899998 6801H845960 8/31/2016 8/31/2016 08/31/2017 081311201 _ EACHHOO,CTCTURRENCE $1,000,000 PREMqISES°eo¢Torrence $1000000 MEO E%P An ane erson. $10 000 PERSONAL &ADV INJURY $1,000,000 GEN, AGGREfGAATTE. LIMIT APPLIES PER: POLICY JEC 1:1 LOC OTHER: _ GENERAL AGGREGATE $2,000,000 PRODUCTS -COMPIOP AGO s21000,000 A AUTOMOBILE X X LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON•OWNE° fIIRED1REp AUTOS X AUTOS BA2G258325 0813112016 08/31/201 _ popclUODtsiNOLE L14h 1,000,000 BODILY INJURY (Por Porson) $ BODILY INJURY (Par accident) $ PROPERTY tlAMgGE (Per eccltlenD $ $ A X UMBRELLALIAR EXCESS LIAR X OCCUR CLAIMS -MADE CUPOH758762 0813112016 08/3112017 EACH OCCURRENCE S110,000 000 AGGREGATE $10 000 000 DED I RETENTI N $ C WORKERS COMPENSATION57WE006 AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARNERIEXECUTIVE YIN OFPICENMEMBEREXCUDED? � I {Mandatory In NH) DESCRIPTION OF OPERATIONS mtow NIA 525 04101/2016 04/01/201 X PER DTH. E.L. EACH ACCIDENT $1000,000 E.L. DISEASE -EA EMPLOYEE $1000000 E.L. DISEASE � POLICY LIMIT $1,000,000 D Professional Liability 021656434013 07101/201608131/201-o $2,000,000 por Claim $3,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached It more space Is wquirodi General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non -Payment of Premium). Rep Project #13812,00, Santa Ana, Southern California Association of Governments (SCAG) application for the 2016 Sustainability Planning Grants Program. City of Santa Ana Is named as Additional Insured as respects General Liability coverage. See attached A?aveu"rs'. endorsement. City of Santa Ana Attn: Candida Neal 20 Civic Center Plaza. Santa. Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE \-. ACORD CORPORATION. All HOME reserved ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1869308/M1815152 AZM 0* Moore lacofano Goltsman, Inc. 6601 H899996 06131/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to In- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- slons or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; It. in connection with premises owned by or rented to you; or INSURANCE (Section III) for this Coverage Part. B. The following Is added to Paragraph a. of 4.. Other insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): c. in connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily Injury", "property damage" or "personal injury" fur which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This Insurance does not apply on any basis to any person or organization for which cover- C. age as an additional Insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed In that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not Increase the limits of insurance stated in the LIMITS OF However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage Is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON. DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily Injury", "property damage" or "personal injury" arising out of "your work' performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requtring Insur- ance" with such person or organization entered into by you before, and in effect when, the 'bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the coovdahted material of Insurance Services Office. Inc.. with its oermtssion COMMERCIAL GENERAL LIABILITY Injury" or "property damage" occurs, or the "per- sonal Injury" offense is committed. D. The following definition is added to DEFINITIONS (Section Y): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period, Page 2 of 2 @ 2007 The Travelers Companies, Inc, CG D3 $1 09 07 Includes the coovdahted material of Insurance services office. Inc.. with Its permission