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HomeMy WebLinkAboutContracts & Agreements_76A-2017 AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This agreement foi the provision of environmental consulting services (this "Agreement") is made and entered into this 2nd day of May, 2017, by and between the City of Redlands, a municipal corporation (hereafter "City") and Torn Dodson and Associates (hereafter "Consultant"), who are sometimes referred to herein individually as a "Party" and togethei, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant hereby agree as follows ARTICLE I -ENGAGEMENT OF CONSULTANT 1 1 Enneement of Consultant City hereby ictains Consultant to perform professional environmental consulting services (the "Services"), specifically an Initial Study as required by and in accordance with the California Environmental Quality Act ("CEQA") and the State and City's CEQA Guidelines associated with City's environmental review of a proposed 80-unit apartment project to provide affordable housing for -\eterans, individuals with special needs, and low-income households, on an unimproved approximately 4 7 acre parcel of real property located on the southwest cornea of W Lugoma Avenue and Texas Street in the City of Redlands (the "Project") as set forth in the Scope of Work which is attached hereto as Exhibit "A" and incorporated herein by this reference, and upon the terms and conditions described herein Consultant shall determine the method, details and means of performing the Services and shall perform the Services to the best of its ability and with the skill, expertise and level of competency presently maintained by other practicing professionals providing similar services in the industry ARTICLE 2 - COMPENSATION 2 1 Compensation As compensation for its performance of the Services, City shall pay to Consultant an amount not to exceed Thirty Thousand Dollars ($30,000) in accordance with the hourly rates and cost estimates of expenses contained in Exhibit "A" Payment to Consultant shall be made monthly, upon City's receipt of an itemized invoice describing the items for which payment is requested Invoices shall document the status of the Services associated with the fees billed, and are due and payable within thirty (30) days of the date they are received by City ARTICLE 3 - INSURANCE AND INDEMNIFICATION 3 1 Consultant's Insurance - General Requirements All insurance requiied by this Agreement shall be maintained by Consultant for the terim of this Agreement Except for Workers' Compensation and employer's liability insurance, City shall be named as an additional insured fol such policies and such insurance shall be primary with respect to City and non- contributing to any insurance of self-insurance maintained by City The insurance policies shall include provisions prohibiting cancellation of the policies except upon thirty (30) days prior 1 I%C3kdjmlAgreements\Tont Dodson Consulting 05 02 17 doe written notice to City Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of the Services a 2 Workers' Comocnsation and Emnlover's Liability Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the tern of this Agreement in all amount which meets statutory requirements with an insurance carrier acceptable to City 3 3 Con-mrchensive General Liability Insurance Consultant shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required 34 Business Auto Liabilitv Insurance Consultant shall secure and maintain business auto liability coverage, with minimum limits of one million ($1,000,000) pel occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all Consultant-owned vehicles used to perform the Services, hired and non-owned vehicles, and employee non-ownership vehicles 35 AssiL-nment and Insurance Reauirements Consultant is expressly prohibited from assigning of subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor Assignment does not include printing of other customary reimbursable expenses that may be provided fol in this Agleement ARTICLE 4 - SCHEDULE TERMINATION AND MISCELLANEOUS PROVISIONS 41 Schedules for Completion The schedule for completion contained in Exhibit "A" illustrates a time frame for document preparation that has been established by Consultant City and Consultant recognize that delays could occur fai reasons outside the control of Consultant If this situation occurs, an extension of the due date for completion may be permitted by City 42 Susnension Consultant acknowledges that the developei of the Project is obligated to fund all costs incurred by City under this Agreement and to cooperate with City by providing information and data relating to the Project, and that the developer is required to make periodic advance payments to City in connection with this Agreement If the developer of the Project fails to make any required payment to City, of if the developer fails to cooperate with City by failing to provide City with information of data relating to the Project, Consultant acknowledges that City shall have the light to require Consultant to suspend or cease work under this Agreement without liability to Consultant 43 Termination City may terminate this Agreement at any time, without cause, by prior written notice to Consultant Upon such termination, Consultant shall deliver to City all 2 1%ca\djm\Agreements\Tom Dodson Consulting 05 02 17 doe documents, reports. materials and work of any nature pertaining to the Services to be performed under this Agreement that are in the possession of Consultant or under its control In such event, Consultant shall be paid for the Services performed to the date of termination based on time and reimbursable billings The total sum pard to Consultant in the event of termination of this Agreement shall not exceed the sum set forth in Section 2 1 hereof 44 Hold Harmless and Indemnification Consultant shall indenimfy, hold harmless and defend City, and its elected officials, officers, employees and agents, from and against any and all claims causes of action, losses and liability, including attorneys' fees, arising from injury or death to persons o1 damage to property occasioned by any negligent or intentional wrongful act or omission of Consultant, and its officers, employees and agents, in performing the Services 45 Independent Contractoi This Agreement is foi the performance of professional services to City and does not make the employees of Consultant employees of City fol the purpose of payroll deductions, unemployment insurance or any other benefits Consultant shall at all tines during the term of this Agreement retain the status of an independent contractor 46 Notices Any notice o1 other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (r) on the date of delivery in person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight couriei, or (iv) on the date sent by facsimile if confirmed with a copy sent corntemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City Consultant James Troyer, Director Tom Dodson Development Services Dept Tom Dodson&Associates City of Redlands 2150 N Arrowhead Avenue PO Box 3005 San Bernardino, CA 92405 Redlands, CA 92373 47 Nondiscrimination During the perforrnance of this Agreement, Consultant shall not discriminate on the grounds of race, color, national origin. seg., sexual orientation or disability, or any condition related thereto in the selection and retention of employees and sub- consultants and the procurement of materials and equipment 48 Ownership of Documents The reports, drawing, snaps and other documents prepared under this Agreement by Consultant shall be and remain the property of City upon compensation of Consultant for its Services 49 Attorneys' Fees In the event any action is commenced to enforce or interpret the teens or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 3 1 IcaldjmlAgreernents\Tonr Dodson Cansulting 05 02 17 doe 410 Entire Aueement This Agreement supersedes any and all other agreements, either verbal or in writing between the Parties with respect to the matters contained herein Each Party to this Agreement acknowledges and agrees that no representations, inducements, promises or agreements, verbal or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, stipulation or promise not contained in this Agreement shall be valid of binding on either Party 411 Books and Records Consultant shall maintain books and accounts of all Project related costs and all expenses Books shall be available at all reasonable tunes for examination by City at the office of Consultant 4 12 Gover nina Law This Agreement shall be governed by and construed in accordance with the laws of the State of California 4 13 No Third Parties Beneficiaries This Agreement shall not be deemed to confer any rights upon any third parties as beneficiaries of this Agreement (including, but not limited to, the developer of the Project), not obligate either of the Parties to this Agreement to any person or entity not a Parry to this Agreement 414 Venue In the event that any legal action should be filed by either party against the other, the venue and forum for such action shall be the Superior Court of the State of California for the County of San Bernardino or in the Federal District Court for the Central District of the State of California. Each of the persons and entities who are shareholders or partners of Owner also agree to this venue and forum and further agree that, if they are not residents of California at the time of such actions, service of process may be made on them by delivery via United States registered or certified mail CITY OF REDLANDS TOM DODSON & ASSOCIATES I p7 W Foster, Mayor Tom Dodson Attest �N4�� Loot�)� Je9nne Donaldson, City Clerk 4 I 1ca1dpn\Agreements\Tom Dodson Consulting 05 02 17.doc EXHIBIT "A„ SCOPE OF WORK J 1 1ca\djmlAgreemcnts\Toni Dodson Consulting 05.02 17 doc TOM DODSON & ASSOCIATES rte. 2150 N ARROWHEAD AVENUE SAN BERNARDLNO,CA 92405 TEL(909) 882-3612 • FAX(909) 882-7015 j E-MALL tda(&tdaen% �_L,l L MEMORANDUM April 24, 2017 From Tom Dodson To James Troyer Subj Proposal to assist the City of Redlands to compile an enhanced Initial Study for Liberty Lane Project At the request of the City of Redlands Tom Dodson &Associates (TDA) submits this proposal to compile an enhanced Initial Study (IS)for the Liberty Lane Project with the objective of adopting a Mitigated Negative Declaration (MND) for this project. However, it is understood that the IS/MND for this project must substantiate this finding, or the project may be transitioned into a focused environmental impact report (EIR)for this Project TDA has had an opportunity to review the City's file for this project, including critical comment letter submitted by the opposition to the original draft IS by legal counsel representing Citizens for Equitable Redlands The proposal submitted below reflects TDA's best professional judgment on how to provide as much substantiation as possible to offset "fair arguments" by the opposition that the Liberty Lane Project will cause significant impacts to the environment if it is implemented TDA proposes to implement the following work effort to develop the most legally defensible IS/MND document possible However, please note that due to the very low "fair argument" standard, it may ultimately be necessary to compile a narrowly focused EIR to meet the requirements of the California Environmental Quality Act (CEQA) Scope of Work Using the existing IS/MND data base, TDA proposes to develop additional information for the following topics Any IS topics not discussed below are considered adequate at this stage of review 1 Protect Description The project description will be expanded to better explain the project and to address a revision to the project 2 Aesthetics Working with City Planning Staff and using the City's General Plan and design guidelines, the project's impact on the visual character of the site and surrounding neighborhood will be substantially expanded Based on a field review, the project will block scenic views to the San Bernardino Mountains This change will be shown in a visual simulation of the change in view and a new assessment of the impact will be characterized 10 Noise We propose to work with Urban Crossroads to address construction noise mitigation and the volume of noise from future occupancy, including noise from internal open space, parking areas and external equipment(such as HVAC units) 11 Traffic We propose to work the traffic issue with Urban Crossroads to address three issues the argument by local residents that the Texas/Lugonia intersection is "problemmatic", why only three intersections were examined, and verify that MM TRA-1 is adequate and why recom- mended roadway improvements will actually occur We will also work with Urban Crossroads to bring actual data from an existing comparable facility in El Monte to discuss actual traffic effects 12 Distribution and Finalize IS/MND Assist City with Public Review Distribution and finalize ISIMND package Fee and Schedule The following fees are anticipated • Visual Simulation two locations south of the site looking north to the San Bernardino Mountains $8,000 • HydrologyNVater Quality Assume project engineer can provide data, no cost, if generated by TDA hydrology consultant, assume $6,000 • Noise Assume $4,000 for additional data • Traffic Assume $2,000 for additional data • All remaining IS issues $7,000 • Finalize IS/MND package $3,000 Total requested fees (with hydrology) is $30,000, fee (without hydrology) is $24,000 Upon authorization TDA will proceed to make every effort to develop all of the above information and complete the Initial Study within 30 days Conclusion Given the threat of a legal challenge to the Liberty Lane Project, the proposed expansion of substantiation is an essential step to the consideration of the Project's entitlements TDA can substantially enhance the data in this Initial Study as outlined above We can also provide support to the project if there is a need to alter the path to CEQA compliance by publishing and certifying an EIR We are ready to initiate the scope of work outlined alcove immediately upon authorization Please contact me with any questions or to further discuss the work effort outlined above 4w Tom Dodson Page 3