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HomeMy WebLinkAbout04 - Pre-Qualified Environ Consultant ListREQUEST FOR AGENCY ACTION AGENCY BOAR D MEETING DATE: JUNE � 2010 TITLE: APPROVAL OF PRE -QUALIFIED ENVIRONMENTAL CONSULTANT LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL STUDIES EXE CUT E D[RECTOR RECOMMENDED ACTION AGENCY SECRETARY USE ONLY: APPROVED As Recommended As Amended Ordinance on l sRdi�n El Ordinance on Reeding Implementing Resolution El Set Public Hearing For CONTINUED To FILE NUMBER Approve the following list of pre -qualified consulting firms to provide environmental services and related technical studies for the Community Redevelopment Agency at the fees set forth in their responses to a Request for Qualifications and authorize the Executive Director and Agency Secretary to execute agreements, in substantial conformity with the attached agreement in an aggregate total amount not to exceed $500,000. Consultants: AEGON Al ups -Keefe & Associates MEC Earth & Environmental, Inc. CAA Planning Chambers Group Cogstone$ Inc. Converse Consultants Environmental Resolutions, Inc. REA Fehr -Peers Transportation Consultants GC Environmental Hogle-Ireland 1CF Jones & Stokes Keeton Kreitzer er Consultin Kimley-Horn & Associates KA Corporation Kun r an Associates, Inc. Lead Tech Environmental Lilley Planning Group LSA Associates Me tre Greve Associates Michael Brandman Associates PSJ PCR Services Corporation Phil Martin & Associates REF Consulting RPG, Inc. Rinon Consultants, Inc. RK Engineering Group Romo Planning Group Sapphos Environmental T&B Planning The Planning Center Ultra Systems RS Corporation Americas Wieland Acoustics Villdan 4- 7 Approval of Pre -Qualified Environmental Consultant List June 7, 2010 Page 2 DISCUSSION In order to facilitate completion of its projects, the Cit} of Santa Ana Planning and Building Agency (PBA) periodically issues a Request for Qualifications F to establish a pre -qualified list of environmental consultants. On an as -needed basis, PBA then enters into consultant services agreements with firms having the qualifications required for a specific project (Exhibit 1). In April 2010, PBA issued an RFQ to 52 environmental consulting firms having technical expertise in a vide variety of environmental issues, and familiarity with the requirements of both the California Environmental Quality Act CE and the National Environmental Policy Act (NEPA). The Planning and Building Agency is currently seeking Council approval of that neer list and an aggregate total expenditure amount not to exceed $2 million. As part of its redevelopment activities, the Community Redevelopment Agency offers rehabilitation loans to homeowners and fagade improvement loans to businesses. These activities are subject to CEQA requirements. When they are funded in whole or in part with federal funds, they are also subject to the requirements of NEPA. Under the proposed action, the Executive Director shall be authorized to enter into consultant services agreements with firms from the list developed by PEA whose se qualifications most closely math the Agency's needs for a particular project. The aggregate total amount will not exceed $500,000. FISCAL IMPACT Funds are available in the Redevelopment Agency Funds (funds 552, 553 and 570) and the Low and Moderate income Housing Accounts (nos. 50718810-62300, 50718820-62300, 50718830— various). 071 3 — varius. Nancy T,arils Assistant tector Community Development Agency C N/NTE mlr Exhibit: 1. Consultant Agreement APPROVED S TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management ement services Agency I • • CONSULTANT AGRE EME NT WITHNAME] THIS AGREEMENT, made and entered into this day o , 20 , by and behve n NAME, a Californiacorporation, hereinafter "Co suitanf', and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic (hereinafter "Agency ". RECITALS A. The Agency desires to lire a consultant to conduct Phase I Environmental Site Assessments for various properties located within the City, as set foilh in the proposal submitted by Consultant, a copy of which is attacked hereto as Exhibit A and incorporated herein by reference. B. Consultant represents that it is able, qualified and willing to provide such services to the Agency. C. In undertaking the performance of this Agreement, Consultant represents that it i 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. NOWTHEREFOR] Ei, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the patties agree as follows: SCOPE of SERVICES Consultant shall provide full service for environmental assessments and perform those services as set forth in Exhibit A to this Agreement. I COMPENSATION a. Agency agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sung to be expended under this Agreement, shall not exceed Dollars .00 during the tern of this Agreement. b. Payment by Agency shall be made within thirty 30days following receipt of proper invoice evidencing work performed, subject to Agency accounting ting 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 Agency. 4 r 9 EXHIBIT 1 . TERM This Agreement shall commence on the date fust written above and terminate upon expenditure of all funds, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Redevelopment elopment A.gene and the Agency General Counsel. OWNERSHIP of MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant pursuant to this Agreement shall be the property of the Agency. Consultant agrees to provide Agency with any such materials whenever requested to do so. INDEPENDENT CONTRACTOR Consultant shall, during the entire terra of this Agreement, be construed to be an independent contractor; and not an employee of the Agency. This Agreement is not intended nor skull It be construed to create an employer- employee relationship, a joint venture relationship, or to allow the Agency to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject natter 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 relath-ig to employees and skull be responsible for all applicable withholding taxes. . INSURANCE Prior to undertaking performance of work under this Agreement, Consultant skull 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 Agency, its officers, agents, volunteers, and employees as additional ins reds and shall include, but not be limited to protection against clams 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 perforin nce o 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 Agency 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 Agency General Counsel. 4 -21 0 . 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,o 00,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: 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. (fi)Certificates ofinsurance shall be furnished to the Agency upon execution of this Agreement and shall be approved in form by the Agency Legal Counsel, (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the Agency. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or Fails or refuses to furnish the Agency with required proof that insurance has been procured and is in force and paid for, the Agency shall have the right, at the Agency's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prion to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the Agency for any work performed prior to approval of insurance by the Agency. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the Agency, 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 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 towns 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 ofthe tens 4 -,1 1 of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the Agency, including fees and costs for special counsel to be selected by the Agency, 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. Agency may make all reasonable decisions with respect to its representation in any legal proceeding. 81 CONFIDENTIALITY If Consultant receives from the Agency 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 ofthis 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 ogler party is covered by this Agreement. The foregoing obligations of non --use and nondisclosure shall not apply to any information that has been disclosed in publicly available sources; h 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; ore is independently developed by the Consultant without reference to information disclosed by the Agency. . CONFLICT of INTEREJ ST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10', NOTICE Any notice, tender;, demand, delivery, or other communication urs ant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or nailed by fiat class or cellified mail, postage prepaid, or sent by tel fa simile or other telegraphic communication in the manner provided in this Section, to the following persons: To Agency Community Redevelopment Agency City of Santa Ana — Housing Division 20 Civic Center Plaza (M-37) .. Box 1988 Santa Ana, CA 92702-1988 Attn: Executive Director 4 -41 2 and, Agency general Counsel Community Redevelopment Agency - City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: NAME ADDRESS ADDRESS FAX: Attn: CONTACT NAM party may change its address by giving notice in writing to the other party. 'Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the neer address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three 3 days after it has been deposited in the United States nail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefac imile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four 2 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, nate, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the Agency 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 Agency and by an authorized representative of Consultant. The parties gree that any tens or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terns and conditions hereof, shall not bind or obligate Consultant nor the Agency. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or other%vise, have been made by any part, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services ofConsultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Agency and any such assignment, transfer, delegation or subcontract 400513 without the Agency's prior written consent shall be considered null and void. Nothing in this .Agreement shall be construed to limit the Agency's ability to have any of the services which are the subject to this Agreement performed by Agency personnel or by other consultants retained b Agency. 13, TERMINATION This Agreement may be terminated by the Agency upon thirty 3o days written notice of termination. In such event, Consultant shall be entitled to receive and the Agency 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 Agency all work product completed as of such date, arra in such case such work product shall be the property of the Agency unless prohibited by law, and Consultant consents to the Agency's use thereof for such purposes as the Agency 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 ofrace, color, creed, religion, sex, marital stags, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, stag and local laws and regulations. 15, JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be gov mme .t and construed in accordance'With the laws of the State of California. 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 anise 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 Mates, the Mate of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the Agency immediately and in writing of her inability to obtain or maintain such permits, licenses, 4 -614 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 hereinbelow has the power, Agency and right to hind their respective patties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable cosh and tto e 's fees, for any injuries or damages to Agency in the event that such Agency or power is not, in fact, heli by the signatory or i withdrawn. 1. All Exhibits referenced heroin and attached hereto shall be m* orporat d as if fully set forth in the body of this Agreement. 4aa715 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. A'S'S`: Maria D. Hui ar Recording Secretary APPROVED AS To FORM: AGENCY GENERAL CUTS, Joseph W. Fletcher Lisa E. Storck Assistant Counsel COMMUNITY IE DEVELOPMENT AGENCY of THE CITY of SANTA ANA. Cynthia J. Nelson Executive Director CONSULTANT NAME NAME TITLE TAX I 4 -816 .. ..... ...... ........ EXHIBIT ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: . The Community Redevelopment ent Agency of the city of Santa Ana, 20 Civic Center plaza, Santa Ana, California 92702; and the Community r Redevelopment Agency, their officers, employees, agents and volunteers are named as additional insureds ("additional insureds" with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed b or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claire is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. . With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty 30days written notice has been given to the Community Redevelopment Agency of the city of Santa Ana, 20 civic center Plaza (M-25), Santa Ana, Californias 92702. (Completion of the following, including countersignature, is required to make this endorsement effective. Effective # this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative r�c 11 -IM-01 Md `M-01 41 7 THIS PAGE LEFT BLANK INTENTIONALLY 4-18