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HomeMy WebLinkAboutItem 32 - Agreements for On-Call Environmental and Planning Services Planning and Building Agency www.santa-ana.org/planning-and-building Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 7, 2023 TOPIC: Agreements for Qualified Consultants to Provide On-Call Environmental and Planning Services AGENDA TITLE Approve agreements for qualified consultants to provide on-call environmental and planning services for planning projects and supplemental staff services for an aggregate amount not to exceed $4,950,000, for up to a five-year term. RECOMMENDED ACTION Authorize the City Manager to execute agreements to engage each of the 35 environmental and planning services firms listed below, as-needed, for a period of five years beginning November 7, 2023 through November 7, 2028, to provide on-call environmental, technical, and planning services for the Planning and Building Agency at the fees set forth in their responses to Request for Qualifications (No. 23-142) for an aggregate amount not to exceed $4,950,000, for up to a five-year term, subject to non- substantive changes by the City Manager and City Attorney (Agreement No. 2023-XXX). Consultants Architectural Resources Group Interwest Ardurra Kimley Horn Ascent M-Group Aspen Environmental Group Michael Baker International Chambers Group MIG, Inc. Circlepoint Placeworks CSG Consultants Psomas De Novo Planning Group RE Consulting Dudek Rincon Consultants, Inc. ECORP Consulting, Inc.Sagecrest Planning and Environmental, LLC EcoTierra Consulting T&B Planning, Inc. ELMT Consulting Terracon Envicom Corporation The Code Group EPD Solutions, Inc.UES FCS International, Inc.Ultra Systems Environmental, Inc. GPA Consulting VCS Environmental Harris & Associates Willdan Engineering Agreements for On-Call Environmental and Planning Services November 7, 2023 Page 2 3 7 8 7 Helix Environmental Planning GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION In 2020, the City Council approved the prior list of firms to be on the City's list of preapproved consultants to provide environmental and planning services for development projects. The City Council approval provided for a three-year agreement period that will be ending on November 30, 2023. With the current list expiring, a new preapproved list of consultants needs to be established. On August 17, 2023, the Planning Division released a Request for Qualifications (RFQual No. 23-142) for consultant services on work efforts related to the California Environmental Quality Act, the National Environmental Policy Act, the preparation or review of technical studies, and planning services. The intent is to establish an updated list of qualified consulting firms for a period of five years, to be retained on an as-needed basis. The Planning Division received a Statement of Qualifications from 37 firms in response to the RFQual. The proposals were reviewed for adequacy, evaluated based on the criteria in the RFQual, and compiled into a list of qualified firms. Two firms were disqualified as non-responsive, with 35 firms qualified to provide services identified in the RFQual. Consultants on the pre-qualified list will provide environmental services and/or related technical studies, planning services for current and advance planning, historic preservation, and general planning efforts. If a development project requires an environmental analysis, technical study, and/or general planning-related services, the developer is given the option to select a firm from the pre-qualified list or obtain proposals from multiple firms from the pre-qualified list. The developer is required to provide payment to the City for the full cost of the contracted service, plus an administrative services fee established by the Miscellaneous Fee Schedule at 15 percent (15%) of full contract price to be retained by the City. Upon receipt of payment from the developer, the City as the lead agency, will execute a side letter agreement to provide on-call services. When the work is completed, the City will pay the consultant for work completed out of the pass-through account. Selecting a consultant from a preapproved list eliminates the need to circulate a Request for Proposal (RFP), significantly reducing the time it takes to hire a consultant, streamlining the entitlement process, and allowing the Planning Division to retain specialized assistance rapidly when needed. Consultant services under this work scope could include environmental analysis conducted for City projects, such as an ordinance amendment, that requires preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Subsequent or Supplemental Environmental Impact Agreements for On-Call Environmental and Planning Services November 7, 2023 Page 3 3 7 8 7 Reports, Addendums, Environmental Assessments, and Environmental Impact Statements. In addition, under City planning staff supervision, consultants may be assigned to staff the public Planning counter. Moreover, consultants may assist with reviewing project plans, responding to public inquires, and case management for specialized projects. Consultants may also assist with review and processing of ministerial permits such as tenant improvements, small additions, sign permits, reroof permits, and window permits. With consultant assistance, full-time planning staff can focus their efforts on current development projects and updating long range planning documents as needed. Firms hired for planning consultant services will be paid from the Planning Agency’s Contract Services Professional and Air Quality Management District accounts as applicable. Appointment to the pre-approved list does not guarantee work to a consultant. If needed, firms will be selected based upon their ability to perform the required work within the timeframe needed and budget constraints. Approval of the list will allow the Planning Division to hire qualified, experienced consultants for specific projects or tasks in a timely manner. As a result, the staff will be better able to respond quickly to fluctuating demands and ultimately provide better service to customers of the City of Santa Ana. It is recommended that the consultant list be approved due to the expertise that the firms have demonstrated in the field of planning. FISCAL IMPACT Service fees shall be paid by the developer prior to the consultant commencing any work and the fees will be deposited by the developer into the appropriate revenue account (No. 05316002-53607). In addition, the 15 percent (15%) administrative services fee will be deposited by the developer into the EIR Developer Fees account (No. 01116002-53607). Development projects will be assigned activity numbers to track the budget by the Planning & Building Agency. Upon completion of the work, funds will be expended from various accounts to pay consultants for their services. Funds are budgeted and made available in the following accounts for the specified year: Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount 01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 200,000 03116510-62300 Air Quality Impr. Planning Air Quality Improv- Contract Services $ 50,000 2023/24 05316021-62308 City Services Consultant Services – EIR Developer Fees $ 500,000 01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000 03116510-62300 Air Quality Impr. Planning Air Quality Improv- Contract Services $ 50,000 2024/25 05316021-62308 City Services Consultant Services – EIR Developer Fees $ 750,000 Agreements for On-Call Environmental and Planning Services November 7, 2023 Page 4 3 7 8 7 01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000 03116510-62300 Air Quality Impr. Planning Air Quality Improv- Contract Services $ 50,000 2025/26 05316021-62308 City Services Consultant Services – EIR Developer Fees $ 750,000 01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000 03116510-62300 Air Quality Impr. Planning Air Quality Improv- Contract Services $ 50,000 2026/27 05316021-62308 City Services Consultant Services – EIR Developer Fees $ 750,000 01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000 03116510-62300 Air Quality Impr. Planning Air Quality Improv- Contract Services $ 50,000 2027/28 05316021-62308 City Services Consultant Services – EIR Developer Fees $ 750,000 Grand Total $4,950,000 EXHIBIT 1. Approved to Form (Template) – Agreement to Provide On-Call Environmental And Planning Services Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager Page 1 of 11 AGREEMENT TO PROVIDE ON-CALL ENVIRONMENTAL AND PLANNING SERVICES RELATED TO CEQA AND NEPA THIS AGREEMENT is made and entered into this 7th day of November, 2023 by and between _________________, a California corporation (“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 (“City”). RECITALS A. On August 17, 2023 the City issued Request for Qualification No. 23-142, by which it sought Consultants to provide on-call environmental, technical, and planning services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to the analysis of a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and staffing services on an as-needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 23-142 and attached as Exhibit A. C. Consultant has been selected as one of thirty-five (35) vendors which qualified for this engagement. Only those consultants approved by the City Council on November 7, 2023, shall be eligible to be engaged by the City for these services. D. 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 contracting 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 a. On an as-needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. Consultant’s proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may no t proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. Page 2 of 11 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consult ant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of thirty-five (35) Consultants selected to provide environmental and planning services on an as needed basis under RFQ No. 23-142. The total compensation for services provided by all Consultants selected under RFQ No. 23- 142 is a collective amount not to exceed four million nine hundred fifty thousand ($4,950,000.00) during the term of the Agreement, including any extension periods. b. Where applicable, City shall recognize and pay for any outstanding invoices for work performed by any of the thirty-five (35) selected vendors for building safety consultant services performed by the Consultant for work previously performed for the City. c. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a five (5) year term, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Page 3 of 11 Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 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. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with l imits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $2,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. 5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as Page 4 of 11 broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Page 5 of 11 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 6 of 11 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly ide ntifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 11 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Email: PBAAdmin@santa-ana.org To Consultant: 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 fax, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 condit ions hereof, shall not bind or obligate Consultant or 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. Page 8 of 11 14. 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. 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. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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. Page 9 of 11 19. 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 obt ain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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. [Signatures on the following page] Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL STEVEN A. MENDOZA City Clerk Assistant City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: _ JOSE MONTOYA Name Assistant City Attorney Title RECOMMENDED FOR APPROVAL MINH THAI Executive Director Planning and Building Agency Exhibit A Page 11 of 11 Scope of Services Consultants will be expected to provide experienced and knowledgeable professional staff familiar with federal, state and local regulations including the Santa Ana Municipal Code and General Plan and the CEQA and NEPA. The Consultants’ Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. Consultants shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. All consultants shall provide services under the direction of City staff. Services may include attendance at appropriate City Council, City Commissions, and neighborhood meetings. A. Environmental Services Services include, but are not limited to preparation of documents, distribution and filing of environmental noticing, preparation of studies and technical reports as required by the CEQA and NEPA including, but not limited to, the following as amended and updated from time to time: • Initial Study • Notice of Preparation • Notice of Availability • Notice of Determination • Categorical Exemption • Negative Declaration • Mitigated Negative Declaration • Environmental Impact Report (Program, Focused, Master, Staged) • EIR Addendum, Supplemental EIR, Subsequent EIR • Mitigation and Monitoring Program • Response to Comments • Statement of Overriding Considerations • NEPA compliance documents B. Technical Studies As necessary, prepare any technical studies needed to complete the environmental review or for development projects or City projects as-needed, including but not limited to: • Air Quality Study • Biological Resource Assessment • Cultural Resource Study • Environmental Site Assessments • Economic/Market Study • Geological/Soil Study • Greenhouse Gas Assessment • Health Risk Assessment • Historical Resource Assessment • Hydrology/Water Quality Study • Noise Impact Study • Parking Study • Water Supply Assessment • Mineral Resource Study • Utility/Sewer Study • Traffic Study C. Staffing Services The Planning Division is also seeking qualified professional individuals, firms, or multi-disciplinary teams with experience in current, historic preservation, environmental justice, and advanced planning to assist with processing development project applications, counter services and planning efforts on an as-needed basis.