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HomeMy WebLinkAboutCAA PLANNING-2014INSURANCE NOT ON FILE WORK MAY Nff PROCEED CLERK OF COUNCIL DATE: AUG 14 2017 CONSULTANT AGREE, ENT A-2014.245 THIS AGREEMENT, made and entered into this 21St day of October, 2014 by and between CAA Planning, Inc., a California corporation (hereinafter "Consultant"}, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the City Manager and Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the City Manager, Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the, scope of their official duties, as a condition of payment to the INSURANCE NOT ON FILE WORK MAY NE PROCEED CLERK OF COUNCIL DATE: Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on October 21; 2017, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the City Manager, Executive Director of Planning and Building and the City Attorney. 5. MEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a jointventure relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim: e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEN1VIi+ICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. f IMM11yHeD] Any notice, tender, demand, delivery, or other cormnunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Curie Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA. 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Arra 20 Civic Center Plaza (M-20) P.O. Box 1989 Santa Ana, California 92702 telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: CAA Planning, Inc. 65 Enterprise, Suite 130 Aliso Viejo, CA 92656-2707 Tel(949)581-2888 facsimile (949) 581-3599 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party; or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work products completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City s use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affnms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, Iicenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17, MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA 1J, HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ter° ,✓� C Ryan i- odge Assistant City Attorney ltiyIK 1513I�hi� ' ' : • /j / r o KEAR/N 1HALLUZ. Interim Executive Director Planting & Building Agency s' CANDIDA NEAL Acting Executive Director Planning and Building Agency CITY OF SANTA ANA C TVI I RTZ Interim City Manager CONSULTANT: CAA PLANNING, INC. Shawna L. Sc affiier Chief Executive Officer Tax ID# 95-3667296 h .1:1'I: Y: CONSULTANT'S PROPOSAL AND FEESCHEDULE r CAA PLANNING General Conditions and Schedule of Fees Standard Billing Rates Effective January 1, 2017* Classification Hourly Rate Principal $250 Principal Planner 1 $240 Principal Planner 11 $150 Project Manager $140 Associate Planner 1 $100 Associate Planner II $85 Graphics Manager $75 Assistant Planner $65 Planning Assistant $35 *Rates are subject to revision effective January 1 of each year General Conditions 1. Reimbursable expenses (travel accommodations including rental vehicles and regularly scheduled commercial airline flights, food and lodging, blueprinting and reproduction, delivery/courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition to the estimated fee for the project. 2. Automobile mileage outside Orange County will be billed at $0.54 per mile. 3. Hourly rates apply to work time as well as travel time and waiting time that occurs at public hearings. Rates increase 50% for depositions or court testimony, 4. Invoices will be submitted monthly for work in progress or upon completion of work. Invoices are payable upon receipt and are due within fifteen (15) days of the date of the invoice. Any invoice unpaid after thirty (30) days shall be subject to the maximum monthly interest charge provided by law on amounts thirty (30) days past due. If Client fails to pay Consultant within forty-five (45) days after invoice is rendered, client agrees Consultant shall have the right to consider such default in payment a material breach of the entire agreement, and, upon written notice, the duties, obligations, and responsibilities of Consultant under this agreement are terminated. 5. Client hereby agrees that the balance on an invoice is correct and binding unless the Client notifies the Consultant in writing within ten (10) days of the date of billing and informs Consultant of alleged incorrect item; provided, however, that the foregoing shall apply only to the description of work performed as set forth in the invoice, and if after such ten (10) day period Client discovers a mathematical error in the invoice, Client shall not be bound by the erroneous balance, which Consultant hereby agrees to correct. 6. Consultant makes no warranty as to its findings, except that the work is performed using generally accepted methods. 7. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group. 8. Client agrees to limit the Consultant's liability to the Client and to all Contractors and Subcontractors on the project due to Consultant's material, willful, and grossly negligent acts, errors, or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less. 9. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete. 11. Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive direction or instructions on the project, and that Consultant is not obligated to perform and/or take direction or instructions from Client's other Consultants or Subconsultants without prior written notification and concurrence by Consultant. 12. Agreements/contracts may be assigned by CAA to any other person(s), firm(s), corporation(s) or other entities without the prior express written approval of the other party. 25H MOTION: Approve and authorize the City Manager and Clerk of the Council to execute an agreement with Ventiv Technology in an amount not to exceed $55,000, subject to non -substantive changes approved by the City Manager and City Attorney. Includes a provision for a one-year renewal option exercisable by not to exceed $55,000, a total of $110,000 for a two-year period. AGMT NO. 2014-242 -- SPECIAL LEGAL COUNSEL SERVICES — (Strategic Plan No. 4,1) — City Attorney's Office MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Colantuono, Highsmith & Whatley, PC. at the specified rates of $375.00 for Attorneys Michael G. Colantuono and Holly O. Whatley, $305.00 an hour for Attorney Charlie LaPlante and $245.00 an hour for Attorney Len Aslanian. Paralegal work will be charged at a rate of $160.00 an hour, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Authorize the City Manager and Clerk of the Council to execute the attached agreements with the below -referenced list of environmental firms to provide environmental services and related technical studies for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications in an aggregate amount not to exceed $1,500,000 for a period of three years, subject to non -substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014-243 AGMT NO. 2014-244 AGMT NO, AGMT NO. AGMT NO. AGMT NO. AGMT NO, AGMT NO. AGMT NO. AGMT NO. AGMT NO. AGMT NO. AGMT NO. AGMT NO. 2014-245 2014-246 2014-247 2014-248 2014-249 2014-250 2014-251 2014-252 2014-253 2014-254 2014-255 2014-256 Consultants: AECOM Bon Terra Psomas CAA Planning DKS Associates DUDEK Environmental Intelligence, LLC ESA First Carbon Solutions ICF International Kimley-Horn & Associates LSA Associates, Inc. PCR PlaceWorks Phil Martin & Associates, Inc. CITY COUNCIL MINUTES 14 OCTOBER 21, 2014 AGMT NO. 2014-257 AGMT NO. 2014-258 AGMT NO. 2014-259 AGMT NO. 2014-260 AGMT NO. 2014-261 AGMT NO. 2014-262 AGMT NO. 2014-263 AGMT NO. 2014-264 AGMT NO. 2014-265 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PMC RBF Consulting Rincon Consultants, Inc. Stantec T&B Planning Templeton Planning Group UltraSystems Environmental, Inc. URS Corporation Americas Wieland Acoustics, Inc. SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with John Kaliski Architects in an amount not to exceed $40,000 for a period of three years, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25CC. AGMT NO. 2014-267 — CONTRACTED ENVIRONMENTAL SERVICES AND RELATED TECHNICAL STUDIES FOR THE HARBOR CORRIDOR SPECIFIC PLAN {STRATEGIC PLAN NOS. 3, 2 & 5, 31 - Planning and Building Agency CITY COUNCIL MINUTES 15 OCTOBER 21, 2014 MEMORANDUM Planning & Building Agency To: Cynthia Kurtz Date: August 8a', 2017 From: Candida Neal, Sona Mooradian, Prepared by: Mario Espindola 01_ i CC: Selena Kelaher Subject Environmental Services and Technical Studies Consultants October 21, 2014, the Planning and Building Agency developed a list of twenty-three Environmental Services and Technical Studies consultants. First Carbon Solutions and CAA Planning were in that list, but their agreements were not executed because exhibit A and B were not submitted to the city. Recently, however, First Carbon solutions has been selected by Net Development Company to conduct the Mitigated Negative Declaration for the Hampton Inn Hotel. Thus, we ask that you please execute this agreement, so that work can begin as soon as possible. Additionally, CAA Planning has been selected to conduct the Mitigated Negative Declaration for the 2700 Main Multi -family development project. They were selected by Michael Recupero and Associates. Please contact us should you have any questions. S:\Admin\Fonns\Memos m m 0 0 0 0 0 0 0 0 3 � N N N N N N N� Ip Ip 1p 1p LL] C C C C C C C N N N N N N N N a a a n n n n a 3 3 3 3 3 3 3 3 DO 0➢ OA tl9 tl0 tl0 OQ PQ a a a a a a a a o p o 0 0 0 o p V V .+ .+ .0 N r N . 0 o W o 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N o N N N N N 0 0 0 0 0 0 0 0 0 0 Fv O O O O O F+ F+ F+ F+ F+ V V V 1+ H H 1+ 1+ V .. . . V N 4a 1+ N N N N N N N N N N N N N N N N V N H V H H N N NN N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0� J J V J J J J J V J V V V V V V i/n Y/n Y/n i/i i/* Vv t/r t/r V. V. to to 4n In to In Z O -i X T O r YR V1 W N W A O O T