HomeMy WebLinkAboutCAA PLANNING-2014INSURANCE NOT ON FILE
WORK MAY Nff PROCEED
CLERK OF COUNCIL
DATE: AUG 14 2017
CONSULTANT AGREE, ENT
A-2014.245
THIS AGREEMENT, made and entered into this 21St day of October, 2014 by and between CAA
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 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
INSURANCE NOT ON FILE
WORK MAY NE PROCEED
CLERK OF COUNCIL
DATE:
Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes
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 term 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. MEPENDENT 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 jointventure 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 naming the City, its officers, employees, agents, volunteers and representatives as additional
insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement, including, without limitation,
acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured
endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and
shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned
automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 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. INDEN1VIi+ICATION
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 terms of or effects arising from
negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and
costs for special counsel to be selected by the City, regarding any action by a third party asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of 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.
f IMM11yHeD]
Any notice, tender, demand, delivery, or other cormnunication pursuant to this Agreement shall be in
writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified
mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in
this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Curie Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA. 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building
City of Santa Arra
20 Civic Center Plaza (M-20)
P.O. Box 1989
Santa Ana, California 92702
telefacsimile (714) 973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: CAA Planning, Inc.
65 Enterprise, Suite 130
Aliso Viejo, CA 92656-2707
Tel(949)581-2888
facsimile (949) 581-3599
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed
as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been
given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any 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 parry 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
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 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 affnms 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, Iicenses, 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 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 1J, HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
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C Ryan i- odge
Assistant City Attorney
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KEAR/N 1HALLUZ.
Interim Executive Director
Planting & Building Agency
s'
CANDIDA NEAL
Acting Executive Director
Planning and Building Agency
CITY OF SANTA ANA
C TVI I RTZ
Interim City Manager
CONSULTANT: CAA PLANNING, INC.
Shawna L. Sc affiier
Chief Executive Officer
Tax ID# 95-3667296
h .1:1'I: Y:
CONSULTANT'S PROPOSAL
AND
FEESCHEDULE
r
CAA PLANNING
General Conditions and
Schedule of Fees
Standard Billing Rates Effective January 1, 2017*
Classification
Hourly Rate
Principal
$250
Principal Planner 1
$240
Principal Planner 11
$150
Project Manager
$140
Associate Planner 1
$100
Associate Planner II
$85
Graphics Manager
$75
Assistant Planner
$65
Planning Assistant
$35
*Rates are subject to revision effective January 1 of each year
General Conditions
1. Reimbursable expenses (travel accommodations
including rental vehicles and regularly scheduled
commercial airline flights, food and lodging, blueprinting
and reproduction, delivery/courier, supplies, extensive
mailing postage, etc.) are billed at cost and are in
addition to the estimated fee for the project.
2. Automobile mileage outside Orange County will be billed
at $0.54 per mile.
3. Hourly rates apply to work time as well as travel time
and waiting time that occurs at public hearings. Rates
increase 50% for depositions or court testimony,
4. Invoices will be submitted monthly for work in progress
or upon completion of work. Invoices are payable upon
receipt and are due within fifteen (15) days of the date of
the invoice. Any invoice unpaid after thirty (30) days
shall be subject to the maximum monthly interest charge
provided by law on amounts thirty (30) days past due. If
Client fails to pay Consultant within forty-five (45) days
after invoice is rendered, client agrees Consultant shall
have the right to consider such default in payment a
material breach of the entire agreement, and, upon
written notice, the duties, obligations, and responsibilities
of Consultant under this agreement are terminated.
5. Client hereby agrees that the balance on an invoice is
correct and binding unless the Client notifies the
Consultant in writing within ten (10) days of the date of
billing and informs Consultant of alleged incorrect item;
provided, however, that the foregoing shall apply only to
the description of work performed as set forth in the
invoice, and if after such ten (10) day period Client
discovers a mathematical error in the invoice, Client
shall not be bound by the erroneous balance, which
Consultant hereby agrees to correct.
6. Consultant makes no warranty as to its findings, except
that the work is performed using generally accepted
methods.
7. Consultant makes no warranty that the project will be
approved by any governmental agency, nor endorsed by
any citizens group.
8. Client agrees to limit the Consultant's liability to the
Client and to all Contractors and Subcontractors on the
project due to Consultant's material, willful, and grossly
negligent acts, errors, or omissions, to the sum of
$50,000 or to the Consultant's fee, whichever is less.
9. In the event either party commences legal action to
enforce this Agreement of the General Conditions, the
prevailing party shall be entitled to recover its
reasonable attorney's fees and costs incurred in the
action, in addition to all other relief to which the
prevailing party is entitled.
10. In the event of a mid -phase contract suspension, billings
will be prorated to reflect tasks in progress, except
where a task was completed early, in which case it will
be billed as if the task were complete.
11. Client agrees and concurs that Consultant is obligated to
only Client to perform and/or receive direction or
instructions on the project, and that Consultant is not
obligated to perform and/or take direction or instructions
from Client's other Consultants or Subconsultants
without prior written notification and concurrence by
Consultant.
12. Agreements/contracts may be assigned by CAA to any
other person(s), firm(s), corporation(s) or other entities
without the prior express written approval of the other
party.
25H
MOTION: Approve and authorize the City Manager and Clerk of the
Council to execute an agreement with Ventiv Technology in an amount not
to exceed $55,000, subject to non -substantive changes approved by the
City Manager and City Attorney. Includes a provision for a one-year
renewal option exercisable by not to exceed $55,000, a total of $110,000
for a two-year period.
AGMT NO. 2014-242 -- SPECIAL LEGAL COUNSEL SERVICES — (Strategic
Plan No. 4,1) — City Attorney's Office
MOTION. Authorize the City Manager and Clerk of the Council to execute
an agreement with Colantuono, Highsmith & Whatley, PC. at the specified
rates of $375.00 for Attorneys Michael G. Colantuono and Holly O.
Whatley, $305.00 an hour for Attorney Charlie LaPlante and $245.00 an
hour for Attorney Len Aslanian. Paralegal work will be charged at a rate of
$160.00 an hour, subject to non -substantive changes approved by the City
Manager and City Attorney.
MOTION: 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.
AGMT NO. 2014-243
AGMT NO. 2014-244
AGMT NO,
AGMT NO.
AGMT NO.
AGMT NO.
AGMT NO,
AGMT NO.
AGMT NO.
AGMT NO.
AGMT NO.
AGMT NO.
AGMT NO.
AGMT NO.
2014-245
2014-246
2014-247
2014-248
2014-249
2014-250
2014-251
2014-252
2014-253
2014-254
2014-255
2014-256
Consultants:
AECOM
Bon Terra Psomas
CAA Planning
DKS Associates
DUDEK
Environmental Intelligence, LLC
ESA
First Carbon Solutions
ICF International
Kimley-Horn & Associates
LSA Associates, Inc.
PCR
PlaceWorks
Phil Martin & Associates, Inc.
CITY COUNCIL MINUTES 14 OCTOBER 21, 2014
AGMT NO. 2014-257
AGMT NO. 2014-258
AGMT NO. 2014-259
AGMT NO. 2014-260
AGMT NO. 2014-261
AGMT NO. 2014-262
AGMT NO. 2014-263
AGMT NO. 2014-264
AGMT NO. 2014-265
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PMC
RBF Consulting
Rincon Consultants, Inc.
Stantec
T&B Planning
Templeton Planning Group
UltraSystems Environmental, Inc.
URS Corporation Americas
Wieland Acoustics, Inc.
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with John Kaliski Architects in an amount not to
exceed $40,000 for a period of three years, subject to non -substantive
changes approved by the City Manager and City Attorney.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25CC. AGMT NO. 2014-267 — CONTRACTED ENVIRONMENTAL SERVICES AND
RELATED TECHNICAL STUDIES FOR THE HARBOR CORRIDOR SPECIFIC
PLAN {STRATEGIC PLAN NOS. 3, 2 & 5, 31 - Planning and Building Agency
CITY COUNCIL MINUTES 15 OCTOBER 21, 2014
MEMORANDUM
Planning & Building Agency
To: Cynthia Kurtz Date: August 8a', 2017
From: Candida Neal, Sona Mooradian,
Prepared by: Mario Espindola 01_ i
CC: Selena Kelaher
Subject Environmental Services and Technical Studies Consultants
October 21, 2014, the Planning and Building Agency developed a list of twenty-three
Environmental Services and Technical Studies consultants. First Carbon Solutions and CAA
Planning were in that list, but their agreements were not executed because exhibit A and B were
not submitted to the city.
Recently, however, First Carbon solutions has been selected by Net Development Company to
conduct the Mitigated Negative Declaration for the Hampton Inn Hotel. Thus, we ask that you
please execute this agreement, so that work can begin as soon as possible.
Additionally, CAA Planning has been selected to conduct the Mitigated Negative Declaration for
the 2700 Main Multi -family development project. They were selected by Michael Recupero and
Associates.
Please contact us should you have any questions.
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