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HomeMy WebLinkAbout1977-10 CRA , . . . . . EJC:adg 6/22/77 RESOLUTION NO. 77-10 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AN AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND ULTRA SYSTEMS, INCORPORATED, A CALIFORNIA CORPORA- TION, FOR ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT. . WHEREAS, the Conununi ty Redevelopment Agency of the City of Santa Ana desires to enter into an agreement with Ultra Systems, Incorporated, for its services in the preparation of an Environmental Impact Report in connection with the pro- posed construction of a Park and Ride parking structure in the City of Santa Ana pursuant to that certain agreement, dated May 24,1977, between the City of Santa Ana and the Orange County Transit District; and WHEREAS, Ultra Systems, Incorporated, has agreed to perform the desired services in accordance with the terms and conditions set forth in said agreement. NOW, THEREFORE, BE IT RESOLVED by the eonununity Redevelopment Agency of the City of Santa Ana; 1. The agreement for Environmental Impact Report preparation services between the Community Redevelopment Agency of the City of Santa Ana and Ultra Systems, Incorporated, is hereby approved. ' 2. The Chairman is hereby authorized and directed to execute said agreement on behalf of the Community Redevelopment Agency of the City of Santa Ana. ADOPTED this by the following vote: day of June , 1977, 28th AYES: MEMBERS: Bricken, Ward, Garthe, Evans, Brandt, Ortiz NOES: MEMBERS: None ABSENT: MEMBERS: Yamamoto ~~ ATTEST: ~~ RICHARD E. GOBLIRSCH Executive Director/ Recording Secretary APPROVED AS TO FORM: 1.;;& j 6: >Ægal Co=801 3 , e 8 I . , '. . . . r? í!fi ::";i;i~j Cs oeß . AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this 28th day of June, 1977 by and between the Community Redevelopment Agency of the City of Santa Ana, California, a public body, corporate and politic (hereinafter referred to as "Agency") and Ultra Systems, Incorporated, a California corporation (hereinafter referred to as "Contractor"), WIT N E SSE T H ---------- RECITALS: 1. Agency is the lead agency for a project con- sisting of the acquisition and clearance of land for, and the construction and operation of, a Park and Ride parking structure proposed to be located in the City of Santa Ana pursuant to that certain Agreement, dated May 24,1977 between the City of Santa Ana and the Orange County Transit District ("OCTD"). 2. Agency desires to engage the services of Con- tractor to render certain technical advice, assistance and services in connection with such activities of Agency. 3. Contractor represents that it is qualified to perform such services as desired by Agency. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I SCOPE OF SERVICES Contractor agrees to prepare and deliver to Agency a draft Environmental Impact Report and assist Agency in prepa- ratio~ of a final Environmental Impact Report for the project in accordance with the California Environmental Quality Act ("C.E.Q.A."), the State EIR Guidelines (Cal. Admin. Code, Title 14, Div. 6, Chapt. 3), and the Local Environmental Rules of the Agency. In preparing said Environmental Impact Report, Contractor shall undertake the following tasks: 1. 3 , . 8 I . I " " . . TASK I: PROJECT AND ENVIRONMENTAL SETTING DESCRIPTION Establish a project description and description of environmental setting based on input from Orange County Transit District ("OCTD") and Agency in compliance with sections 15141 and 15142 of the State EIR Guidelines TASK II: ENVIRONMENTAL IMPACT ANALYSIS Comply with the requirements for consideration and evaluation of the environmental impacts of the project as set forth in Article 9 of the State Environmental Guidelines. Such consideration and evaluation shall include, but not be limited to, the following: A. RELOCATION AND DEMOLITION The relocation plan of Agency shall be summarized and the impacts shall be identified. The impacts of demo- lition, such as, but not limited to, dust, noise, and safety shall be noted. B. TRAFFIC AND CIRCULATION The project impact on traffic and circulation on surrounding streets and on the intersection which will serve the major portion of project-related traffic shall be evalu- ated. Orange County Transit District's architect's project traffic consultant will provide traffic generation data. C. LIGHT, GLARE, AND SHADOW The impacts of glare from structure lights and vehicles within the site shall be evaluated as well as the possible impacts from structure shadows. D. ~ Noise from the increase in the number of vehicles on surrounding streets and from tire "squeal" within the struc- ture shall be evaluated relative to the applicable receptors. E. AIR QUALITY The increase in air pollutants in the local area shall be evaluated using "box model" techniques and Gaussian Plume modeling. Hot spots, relative to carbon monoxide con- centrations, shall be idenbified. 2. 3 , . 8 I . ! I . . F. LAND USE A land use compatibility analysis shall be conducted, based on the Agency's land use plans, to determine the impact of the structure. G. VIABILITY ANALYSIS Based on data from the City of Santa Ana's traffic engineer and Agency, the need for this project shall be 'eva1u- ated and the supporting data leading to the conclusions shall be documented. H. AESTHETICS The project's landscaping plan and proposed archi- tecture shall be reviewed relative to the surrounding setting. I. SOCIO-ECONOMICS Based on Agency's economics data and previous studies a simple cost revenue analysis shall be performed. Each of the above issues along with other applicable environmental disci- plines shall be addressed relative to the existing setting, impact, mitigation measures which may reduce the impacts to insignificant levels, and unavoidable adverse impacts. TASK III: CONSULTATION Comply with the consultation requirements of section l5085(b) and section 15144 of the State EIR Guidelines. TASK IV: TECHNICAL FOLLOW-UP SUPPORT Assist Agency in preparation of a final Environmental Impact Report by attending coordination meetings and up to three public hearings, assisting Agency and the City of Santa Ana in the preparation of replies to reasonable comments received during hearings and/or public circulation, and preparing written material to be included in the final EIR as requested by Agency. 3. 3 'I . , 8 . I '. . . II TIME OF PERFORMANCE All services required herein shall commence July 1, 1977, or after receipt by Contractor of notice to proceed from Agency, whichever shall occur first, and shall, except for Task IV be completed and a draft of the Environmental Impact Report shall be delivered to Agency within five (5) weeks from date of conunencement. III FEES Subject to the provisions of this agreement, Con- tractor agrees to perform the professional services as set forth herein, and agency agrees to pay contractor for such services a fee, not to exceed the total sum of six thousand eight hundred dollars ($6,800). SUbject to said total sum, such fee shall be determined by applying the following schedule of charges to work actually performed by Contractor hereunder: A. Hourly Rate Principal Investigator ......... $ 40.00 B. Associate Investigator ......... 30.00 21.00 C. Research Analyst ......,........ D. Secretary 11.50 . . . . . . . . . . . . . . . . . . . . . E. Technical Illustrator 13.00 F. Consultant support, printing, reproduction, travel, sub- sistence, and all other non- wage costs to be billed at actual cost plus 25% of such cost. IV METHOD OF PAYMENT Contractor shall submit to Agency a monthly verified statement in a form to be approved by Agency containing a break- down of work completed during the preceding month. The veri- fied statement as to work completed shall be attached to an 4. 3 , . 8 8 . I ". . . invoice stating all claims for work performed during the prior month. The invoice must be submitted prior to the fifth day of each month and if so done, Agency shall review such state- ments and remit payment within thirty (30) days after the sub- mission of such invoice. v STAFF OF THE AGENCY Nothing in this contract shall preclude Agency from performing with its own staff any of the services herein re- quired of Contractor. to the extent that such work is performed by Agency, Contractor shall have no interest in or right to be reimbursed for the same. VI CONFLICT OF INTEREST Contractor agrees that neither Contractor nor any individual associated therewith, will either directly or in- directly represent or assist owners of the properties located in the Project area in regard to the acquisition of such property by Agency nor divulge to any person any information in regard to such acquisition. If this contract is terminated, neither Contractor nor any person associated therewith shall thereafter directly or indirectly represent or assist any owner of property within the Project area in any matter concern- " ing the acquisition of such property by Agency. VII HOLD HARMLESS Contractor agrees to indemnify and hold harmless Agency, the City of Santa Ana, their officers and employees, from any and all loss or damage and from any and all liability for any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons because of or arising out of any performance of or failure to perform, any or all things necessary to and required to be done by Contractor pursuant to this agreement. 5. 3 1 . I 8 . I '. . . VIII INSURANCE Contractor shall obtain at its sole cost and file with the City Clerk of the City of Santa Ana, prior to exer- cising any right or obligation pursuant to this agreement, and maintain for the period covered by this agreement, a policy or policies of liability insurance naming Agency and the City of Santa Ana, their officers and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the operations, acts, or omissions of Contractor, its officers, agents or employees. Said policy of insurance shall provide coverage for both bodily injury and property damage in the following minimum amounts: Bodily injury, five hundred thousand dollars ($500,000) each occurrence, property damage, one hundred thousand dollars ($100,000) each occurrence. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after ten (10) days notice thereof has been given in writing to Agency. Contractor shall give to Agency prompt and timely notice of any claim made or suit instituted. IX WORKER'S COMPENSATION INSURANCE A. If Contractor, now or at any time during the course of this agreement,qualifies as an employer under Labor Code section 3300, unless the hired employee(s) come(s) within those persons excluded under the Labor Code, Contractor shall furnish Agency and the City of Santa Ana with an insurance certifi- cate from its worker's compensation insurance carrier certifying that it carries such insurance, and that the policy shall not be cancelled nor the coverage reduced except upon ten (10) days prior written notice to Agency and the City of Santa Ana. 6. 3 f . I , . , . . B. Should any policy be cancelled before completion of the work herein contemplated and Contractor fails to im- mediately procure other insurance as herein required, Agency may procure such insurance and deduct the cost thereof from the amount due Contractor. x EMPLOYMENT OF RESIDENTS Contractor is encouraged by Agency to employ qualified people, when available, from the general project area to assist in providing the services contracted for in this agreement. XI EQUAL OPPORTUNITY A. By signing this agreement, Contractor certifies that it does not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, or ancestry, in connection with employ- ment, upgrading, demotion, or transfer, recruitment or recruit- ment advertising, layoff or termination, rates of payor other forms of compensation; and selection for training including apprenticeship. Such affirmative action shall be in accordance with the affirmative action guidelines adopted by the City of Santa Ana. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Agency setting forth the provisions of this nondiscrimination clause. B. Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Con- tractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, nation origin or ancestry. 7. ">'. U , . 8 I . I . . C. Contractor agrees to cause the foregoing pro- visions to be inserted in all subcontracts for any work covered by this agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. D. Noncompliance with the affirmative action program will constitute a breach of the terms of this agreement. XII SUBCONTRACTORS None of the services covered by this agreement shall be subcontracted without the prior written approval of Agency. Contractor shall be fully responsible to Agency for performance of subcontractors. XIII ASSIGNABILITY Contractor shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of Agency, provided, however, that claims for money due or to become due, Contractor from Agency under this agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice to any such assignment or trans- fer shall be promptly furnished to Agency. XIV NOTICES Notices to the parties shall, unless otherwise re- quested in writing, be sent to Agency at 20 Civic Center Plaza, Santa Ana, California, 92701 and to Contractor at 2400 Michelson Drive, Irvine, California, 92715. xv TERMINATION Either party, upon thirty (30) day notice in writing to the other, may terminate this agreement and Contractor shall only be entitled to compensation for services actually 8. 3 f . I I . 8 . . performed to the expiration of said thirty (30) day period and subject to a prorated adjustment of the total fee hereinabove set forth. XVI OWNERSHIP OF MATERIALS AND DOCUMENTS Any and all sketches, drawings, tracings, filed survey notes, computations, detail and other materials and documents prepared by Contractor shall be the property of Agency from the moment of their preparation and Contractor shall deliver such materials and documents to Agency whenever requested to do so by Agency. XVII NONDISCLOSURE The designs, plans reports, investigations, materials and documents prepared or acquired by Contractor pursuant to this agreement (including any duplicate copies kept by Con- tractor) shall not be shown to any other public or private person or entity except as authorized in writing by Agency. Contractor shall not disclose to any other public or private person or entity any information regarding the activities of Agency, except as authorized in writing by Agency. XVIII VALIDITY The invalidity in whole or in part of any provisions of this agreement shall not void or effect the validity of any other provisions of this agreement. XIX LAWS GOVERNING THIS AGREEMENT This agreement shall be governed by and construed in accordance with the laws of the State of California. xx EXCLUSIVITY OF AGREEMENT This agreement supersedes any and all other agree- ments either oral or in writing between the parties hereto with respect to employment of Contractor by Agency and contains 9. 3 , . 8 , . , ',' , ~ . . all the convenants and agreements between the parties with respect to such employment in any manner whatsoever. 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, and that no other agreement shall be effective unless executed in writing'and signed by both Agency and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic. ATTEST: ~ff~/ RICHARD E. GOSLIRSCH Executive Director By ~,~4.r- J. N E'. E, Cha1rman "AGENCY" APPROVED AS TO FORM ¡:s;;¡ I ~ KEITH L. GOW, Agency ULTRA SYSTEMS, INC., a California corporation Counsel /,jJ 7/ Q By(/'\rV - ~~~~ i!1(,¿ PRESIDENT ' "CONTRACTOR" 10. 3