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HomeMy WebLinkAboutLSA ASSOCIATES 3 - 2014iiiARANCE ON FILE vrGRK MAY PROCEED UNM INSURANCE EXPIRES Q -3 0 - /.Y CLERK OF COU)V 1L OATS; E 1 0 2014 (3: Na�cb. �l �V�etedd� AGREEMENT FOR PROVISION OF ENVIRONMENTAL CONSULTANT SERVICES N- 2014 -013 THIS AGREEMENT, made and entered into this I" day of January, 2014 by and between LSA Associates, 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 issued Request for Qualifications (RFQ 13 -054) on September 12, 2013, in order to retain a consultant having special skill and knowledge in the field of environmental consulting services. 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 consulting services, including preparation, distribution and tiling of environmental noticing documents, preparation of studies and technical reports and other necessary services, on an on -call basis, at the written direction of the Executive Director of the Community Development Agency, or his/her designee, in compliance with the Scope of Work, attached hereto and incorporated herein as Exhibit A. The Consultant will provide an experienced, educated and professional team, whose Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. Consultant achnowledges and agrees to all of the terms and conditions of each of the exhibits attached hereto and incorporated herein. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Community Development Agency, or his /her designee, and the representative of the Consultant shall be the Program Manager or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or patty. Consultant shall deliver to City any 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 information systems, as agreed between the Project Manager and Consultant. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto and incorporated herein as Exhibit B. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number ii. Beginning and ending dates of services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 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 of aprofessional environmental consultant. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 14, below. The tern of this Agreement may be extended by a writing executed by the Executive Director of Community Development Agency and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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. 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 which 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 and in the aggregate. Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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 clairn, and $2,000,000 in the aggregate. 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. S. INDEMNIFICATION 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 death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I 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 negligence, recklessness or willful misconduct of Consultant 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 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, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 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; (e) 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. 10. 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. 11. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Courtesy copies to: Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, California 92614 Attn: Frank Haselton, Principal Phone (949) 553 -0666 Fax (949) 553 -8076 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 facsimile, 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. 12. 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 purchase order 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 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. 13. 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. 14. 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. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this contract in strict observance of and in compliance with The California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and those regulations enforced by the California State Historic Preservation Officer (SHPO), as each may be amended or updated from time to time. b. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. 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 affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement. {Signatures on following page} IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HIJIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: wa L Lisa Storck Assistant City Attorney FOR Interim Exe Community CITY OF SEAN /TA ANA � v DAVID CAVAZOS City Manager AL: LSA Associates, Inc. U his Card ef Executive Officer LIST OF EXHIBITS: Exhibit A — Scope of Work Exhibit B — Proposers Statement & Fee Schedule Exhibit C — Additional Insured Endorsement Exhibit D — References Exhibit E — Proposal & Contract Agreement /Proposers Statement Exhibit F — Certification of Non - Discrimination Exhibit G — Non - Collusion Affidavit 10 EXHIBIT A CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES SCOPE OF SERVICES INTRODUCTION The Housing and Neighborhood Development Division of the City of Santa Ana's Community Development Agency is responsible for the administration and oversight of the City's Housing activities. From time to time the Division requires additional professional environmental services and technical expertise. The City of Santa Ana is issuing this Request for Qualifications (RFQ) for Environmental Services to indentify consultants who have extensive experience working with public entities to provide planning and environmental review services. II. Scope of Work The Consultant shall provide environmental services under the direction of City staff. The consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant shall be committed to provide adequate staffing levels at all time in order to adhere to established schedules. The Consultant shall be knowledgeable of federal state and local regulations, policies and procedures as they pertain to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Selected consultants shall have demonstrated expertise in preparing environmental noticing documents, preparation of studies and technical reports as required by CEQA and NEPA those include, but are not limited to: Environmental Assessment (Phase 1 & 2), Lead & Asbestos Testing, Cultural Resource Study, Soils Testing, Preparation of documents necessary for compliance with NEPA and CEQA. City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 9 EXHIBIT B CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES PROPOSERS STATEMENT AND UALIF'ICATION FEE SCHEDULE Certification -- I certify that I have read, understand and agree to the terms and conditions of this Request for Qualification,. I have examined the Scope if Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests, l understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. FEE SCHEDULE Please provide a list of environmental services and forms that the firm has provided and can provide to the City, along with a proposed fee schedule. LSA Associates, Inc. (949) 553- 0666/(949) 553 -8076 LEGAL NAME OF COMPANY ^PHONE AND FAX NUMBER 20 Executive Park, Suite 200, Irvine, CA 92614 BUSINESS ADDRESS Frank Haselton Principal OF AUTHORIZED AGENT 10/10/2013 frank.haselton @fsa- assoc,corn AUTH FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 10 \\ \\ \\ {\ \\ \\ }\ \� \ T T _ P fl \ ) \ »» »® - I-� o7; aaa )`) T -2 m sb - Eb � !2�\ «{ ( \ \ \ \�)\ \ \ \ \\\ } _,:__«�_ <__,< m _§ _{ { \ -F \ z _ Cf2 ) \ ±i0 � � &% !J < #/ \ \\ \ } ) 0 )) J)) 0 j —! E !\ } /i!12 !) )7) \ \ \ ! )lz — u < ol �— \)\ \ ) a 0 :A0 :)\ \\ \\ \\ {\ \\ \\ }\ \� LSA IN -HOUSE DIRECT EXPENSES JUNE 2013 Pic Unit Cast Reproduction (8.5 x 11) B/W $.07 per page Reproduction (8.5 x 11) Color $.40 per page Reproduction (11 x 17) B/W $.10 per page Reproduction (11 x 17) Color $.75 per page CD Production $5.00 per CD Plotting $3.75 per sf Mileage On Road $.565 per mile Mileage Off -Road $.715 per mile GPS Unit $75.00 per day Total Station Surveying Instrument $50.00 per day Level (Laser or Optical) $25.00 per day Laser Rangefinder $25.00 per day Sound Meter $75.00 per day Aerial Photo Cost Boat Rental $50.00 /day Water Quality Meter $25.00 /day Pic .It P35 ill, [,0 fl, CA? October 10, 2013 City of Santa Ana 20 Civic Center Plaza M -37 Santa Ana, CA 92701 RE: City of Santa Ana Environmental Services LSA Associates, Inc. To Whom It May Concern: Dealey, Renton & Associates is the exclusive Broker for the following active insurance policies issued LSA Associates, Inc.: COVERAGE Commercial General Liability Business Auto Liability Workers' Compensation Professional Liability INSURER Hartford Fire Insurance Co. Hartford Fire Insurance Co. American Automobile Insurance Co. Catlin Specialty Insurance Company Please be informed that the insurance coverages required on the City's endorsement form can be provided. Sincerely, Julie L. Nelson Executive Account Manager H, 3oa 126'15 Oakland CA 94604-2675 OFFICL 530 Water Shee[ 7" Floor Oakland OA 94607 Taa 510 465.3090 Fax 510452. 2193 hflp:UdealryranUiacmn Offices in Oakland CA 1'asadeaa CA Santa Ann CA License 410620739 All FSOP Company EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: City of Anaheim Contract Individual: Stephen Stoewer Address: 201 S. Anaheim Blvd. Phone Number: (714) 765 -4338 Anaheim, CA 92805 Facsimile Number: (714) 765 -4331 Contract Amount: $50,049 Year: 2007 -2008 Description of environmental services provided: LSA provides on -call services to the City of Anaheim's Community Development Department, as- needed, for Housing /Urban Development NEPA projects. Reference No. 2 Customer Name: Riverside County Economic Dev Agency Contract Individual: Robert Field Address: 3403 10th St, Suite 500 Phone Number: (951) 955 -4860 Riverside, CA 92501 Facsimile Number: (951) 955 -6686 Contract Amount: $90,430 Year: 2012- Present Description of environmental services provided: LSA is preparing an EIR for the East County Detention Center in Riverside County. City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 12 Reference No. 3 Customer Name: City of Los Angeles Bureau of Engineering Contract Individual Address: 1149 S. Broadway, Ste. 120 Phone Number: Los Angeles, CA 90015 Facsimile Number: Contract Amount: $100,000 Year: Christopher Johnson (213) 847 -0534 (213) 847 -0541 2011 - Present Description of environmental services provided: Ninyo & Moore provides On -Call Geotechnical & Environmental consulting services. City of Santa Ana Community Development Agency Request for Proposals Environmental Services Page 13 1'D BE INCLUDED IN PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form for this document, and its execution, and when it or an exact copy of it �ahs be either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check drafts, or proposer's bond substituted in lieu thereof accompanying this proposal shall became the property of the City and shall be considered as payment of damagers due to the delay and other causes suffered by City because of failure to enter into an Agreement and /or furnish necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFC,Z schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFG2. LSA Associates, Inc. II II.I J 41 yV� AV(LV1J TITLE DATE City of Santa Ana Community Development Agency Request for Proposals Environmental Services Page 14 TO BE INCLUDED IN PROPOSAL EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotions, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreements or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor complies with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his/ her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event the Contractor's non - compliance with the non - discrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction/ services contracts in accordance with procedures authorized in Executive Orders 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by City of Santa Ana Community Development Agency Request for Proposals Environmental Services Page 15 rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. LSA Associates, Inc. FIRM mt L� _Gt -t[J Michele Douglas Principal /Director of Human Resources 10/1/2013 TITLE DATE City of Santa Ana Community Development Agency Request for Proposals Environmental Services Page 16 TO BE INCL.UIDED IN PROPOSAL. EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES NON-COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7`106) To the City of SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United State Code Section '112 and Public Contract Code 7166 the PROPOSER declares that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has riot directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sharn bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Orange r P(, Subscribed a d sworn to (or affirmed) before me on this ��__ day of ( 20�dL, by '.�...., ry _ I;,., yam• '��;,,�„,�R,a;„, ,proved to me on the bards of satisfactory evidence to the person(s) vvho appeared before me. TEAE9ITA DC I A Cnt)Z —) a y uarrnn+lsaiai7 20322,10 �<''f l al,�% PBOtarpPhiUlw Culnurniu f ✓ kF er r � . , Drem{IO INqu121y �r �w NA uamm. Ed roe it) 017 Notary Public Signature City of Santa Aria Community Development Agency Request for Proposals Environmental Services Page 17 Client 652 I SAASSr1r:11 ACORD,a CERTIFICATE OF LIABILITY INSURANCE " " " "' POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11 R LTR 2/0412014' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 A 510 465.3090 INSURERS AFFORDING COVERAGE NAIC # INSURED LSA Associates, Inc. 20 Executive Park, Suite 200, Irvine, CA 92614 INSURER A: Hartford Fire Ins. Co. 19682 INSURER B: Travelers Property Casualty Co 25674 INSURER C: Catlin Specialty Ins. Co. wsuRER D. Hartford Casualty Insurance Co. 29424 N"PER E: $300,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11 R LTR DD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIODIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS A GENERAL LIABILITY 57CESOF4492 09/30113 09/30/14 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ed occurrence) $300,000 CLAIMS MADE F—x1 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1000000 X BI /PDDed:5,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $20-0000-0 X POLICY pi JECT 7 LOC D AUTOMOBILE LIABILITY ANYAUTO 57UUNIF1488 09130113 09/30/14 COMBINED SINGLE LIMIT (Ea accident) $1,0-00,0-00 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON OWNED AUTOS 99Y ��°°yy'�f yy 'e(T'1AYV " e.b >1 yrli'1`, To .d.A BODILY INJURY (Par accident) $ X PROPERTY DAMAGE (Per accident) $ GAR AGE LIABILITY ANVAUTO 41S(a 'tan t attorney City AUTO ONLVEA ACCIDENT § OTHER THAN EA ACC AUTO ONLY: ASS $ $ EXCESSIUMBRELLA LIABILITY OCCUR EI CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND UB3946T78A 09130/13 09/30/14 X WCSTATU- OTH- CRY EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L DISEASE - EAEMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE POLICYLIMIT $1,000,000 C OTHER Professional CPV6710060914 09130113 09130/14 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS General Liability Excludes Claims Arising Out of the Performance of Professional Services. Project: Environmental Services. The City of Santa Ana, its officers, employees, agents, volunteers and respresentatives are additional insureds as respects to General Liability per policy form wording. Such insurance is Primary & -Non Contributory with Severability of Interest clause. See attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL �f' 0_ DAYS WRITTEN Attn: Natalie Verlinich NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 Civic Center Plaza, M -37 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92701 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 1 *SA73312/11,11744301 r.r.R © ACORD CORPORATION 198E POLICY NUMBER: 57CESOF4492 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS CONT: The City City of Santa Ana of Santa Ana, its officers, employees, agents, volunteers and respresentatives Attn: Natalie Verlinich 20 Civic Center Plaza, M -37 Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury ", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. APPROVED A$ 1'05 OIK" K Assistant City Attorney CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 J When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other - insurance- permits - contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. PREMIUMS 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and I Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, con- tinuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one -year period. The premium must be: COMMON POLICY CONDITIONS a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then In effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that are not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in -4 —4 �� ec. (( K.y RANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 1. Applicable to Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to Business Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Covera e _ ,a� v,% Form SS 00 05 06 96 Printed in U.S.A. NS �' ( ) 41S t City \ttoIPQe 3 of 4 I\sslstan Copyright, Hartford Fire Insurance Company, 1996 ;�1 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", any partner or member (if you are a partnership or joint venture), or any member (If you are a limited liability -- - - - -- company). _ b. Any person (other than your "employee'D, or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to lability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any "employee" of the insured while acting in the scope of his /her duties as a retail pharmacist, or optician or optometrist. Additional Insureds by Contract, Agreement or Permit Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this Business Liability Coverage Form, but only with respect to your operations, "your work" or facilities owned or used by you. However, coverage under this provision does not apply: (1) Unless the written contract or agreement has been executed or a permit has been Issued prior to the "bodily injury", "property damage" or "personal and advertising injury". (2) To any person or organization Included as an Insured under provision g. (Broad Form Vendors). (3) To any other person or organization shown in the Declarations as an Additional Insured. Form SS 00 08 03 00 BUSINESS LIABILITY COVERAGE FORM Coverage under this provision includes the following: (1) When an engineer, architect or surveyor becomes an insured under provision 2.f., the following additional exclusion applies: "Bodily injury", "property damage" or "personal and advertising injury"- - arising out of the rendering of or the failure to render any professional services by or for you Including: (a) The preparing, approving, or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (b) Supervisory, inspection or engineering services. (2) When a lessor of leased equipment becomes an insured under provision 2.f the following additional exclusions apply: (a) To any "occurrence" which takes place after the equipment lease expires; or (b) To "bodily injury" or "property damage" arising out of the sole negligence of the lessor. (3) When owners or other interests from whom land has been leased become an insured under provision 2.f., the following additional exclusions apply: (a) Any "occurrence" which takes place after you cease to lease that land; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has beenleased. (4) When managers or lessors of promises become an insured under provision 2.f., the following exclusions apply: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises: or �p'FjJ 1`s s'C? € oavl p Assistant City gttorne, �1 Page 11 of 21 c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; - (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. -- Financial Responsibility Laws - - a. When this policy Is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the Insurance provided by the policy for "bodily Injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. I With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this coverage form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this coverage form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Form SS 00 08 03 00 BUSINESS LIABILITY COVERAGE FORM G dSeparation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and I Separately to each insured against whom a claim is made or "suit" is brought. 6. Unintentional Failure to Disclose Hazards It is agreed that based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we shall not deny any coverage under Uthis Coverage Form because of such failure. Other Insurance - Primary Additional Insured If the written contract or agreement or permit requires. .thia.insurance to_be_primary...for any person or organization with whom you agree to Include in WHO IS AN INSURED, this Other Insurance Provision is applicable. If other valid and collectible insurance is available for a loss we cover under this Business Liability Coverage Form, our obligations are limited as follows: a. Primary Insurance This insurance is primary. We will not seek contributions from other insurance available to the person or organization with whom you agree to include In WHO IS AN INSURED, except when b. applies. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work" (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or -So n.;lstant Cit���torneY %/ Page 16 of 21