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HomeMy WebLinkAboutContracts & Agreements_184-2010_CCv0001.pdf FOURTH AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This fourth amendment ("Fourth Amendment") to the agreement to provide professional environmental consulting services dated April 17,2007(the"Agreement")by and between the City of Redlands,a municipal corporation("City"),and Michael Brandman Associates("Consultant"),is made and entered into this 7`h day of December, 2010. RECITALS WHEREAS, it is the desire of City and Consultant to amend their existing Agreement to change Article 2—Compensation and the scope of work to be undertaken by Consultant pursuant to the Agreement; NOW, THEREFORE, City and Consultant agree as follows: AGREEMENT Section 1. Section 2.1 of the Agreement,entitled"Compensation,"is hereby amended to read as follows: "2.1 Compensation. As compensation for its performance of the Services,City shall pay to Consultant an amount not to exceed Four Hundred Ninety Nine Thousand Six Hundred Eighty Dollars ($499,680.00) in accordance with the hourly rates and 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." Section 2. The scope of work of the Agreement,which is attached as Exhibit"A"to the Agreement, is hereby amended to include the services described in Exhibit "I" of this Third Amendment. All other provisions of the Agreement shall remain in full force and effect. [CONTINUED ON NEXT PAGE] 1:`ca',djtn\Agrccrncnts\4th Amdmt Michael Brandman Assoc,Consulting Agreement.doe IN WITNESS WHEREOF,the parties have executed this Fourth Amendment,to be effective as of December 7, 2010. CITY OF REDLANDS ATTEST: Mayor V Sam Irwin, City Clerk MICHAEL BRANDMAN ASSOCIATES By: F:cakdjm\AgreernentsAth Aradrnt Michael Bradman Assoc.Consulting Agmement,doc 2 %ol— 'm%inimml %m 114%11 Fch icl Brandman Associates September 2,2010 Robert D. Dalquest,AICP Assistant Development Services Director City of Redlands Development Services Department P.O. Box 3005 210 E.Citrus Avenue Redlands,CA 92373 . , Subject: Request for Additional Funds to Update the Draft Administrative Environmental Impact Report <� Dear Robert: On behalf of Michael Brandman Associates, it has been a pleasure to work with the City of Redlands and the project team on the Environmental Impact Report(EIR)for the Redlands Crossings Project. As a partner,we have,and continue to be,committed to successfully completing the environmental review process and providing the necessary technical assistance required to accomplish this objective. As you know,the applicant has selected a new traffic consultant to prepare a new traffic study that meets the City's requirements. Since the new study will be incorporated into the Administrative Draft EIR,MBA will need to update the traffic,air,climate change,and noise studies accordingly. In addition,due to the date of the existing Urban Decay study, it is recommended that this study be updated as well.That being said, MBA is requesting a budget augment request,as outlined in the following tasks below: Task 1: Update Urban Decay Study Update the inventory of existing retail space in the trade area. The comprehensive inventory in the report was completed in January 2009. In September 2009,The Natelson Dale Group, Inc.completed a partial update of the inventory to identify new vacancies(and new tenants in previously vacant space)for purposes re-calculating the overall vacancy rate. Due to the date of the original comprehensive inventory report(January 2009), it is recommended to update the entire report to determine changes within the trade area. • Update all retail tenants in the inventory. • Re-evaluate current supermarket sales trends in the trade area based on an updated report from Trade Dimensions. Update our retail demand analysis model to reflect the following: • Recently released demographic forecasts from SCAG; • The latest taxable sales data available from the State Board of Equalization; • Other factors(especially income levels and retail spending patterns)that have changed due to the recession. • Update the cumulative projects list and related impacts analysis. • Prepare revised draft of the urban decay study for review by MBA and the applicant team. It Complete any additional revisions requested by the client based on the above reviews. RobuuDw|quoa August 26,2010 Page Task 2: Update Air Quality, Climate Change,and Noise Studies As you know,the Client has hired a new traffic consultant under separate authorization to prepare a new traff ic study for the proposed project,As a result, MBA will need to update the air quality,climate change, and noise studies and incorporate accordingly into the DraftBR. |fthere are any revisions tothe traffic study after the air quality,climate change and noise studies are completed,separate authorization will be required toupdate the studies. Task 3: Update Administrative Draft BR MBA also proposes to update the Administrative Draft EIR(ADEIR)based on updated studies as noted in Tasks 1 and 2. If there are any additional review cycles of the ADEIR,they will be prepared under separate authorization. Task 4: Project Meeting and Management MBA plans to meet with City staff and/or Client up to two(2)times during preparation of the updated studies and ADEIR. MBA has allocated a total of twenty-four(24)hours of meetings and project management. If additional hours are required,they will be prepared under separate authorization. The hz||nwin8 is a breakdown of the related costs associated with this requested budget augment: Task Cost I Update Urban Decay Study $17,250 2 Update Technical Studies 2a Air Quality Study $3,800 2b Climate Change $2,750 2c Noise Study $2,500 3 Update Administrative Draft EIR $9,600 4 Project Management and Meetings $4,200 TOTAL $40,100 As| hope you are mwave. MBA prides itself on operating as logically and efficiently as possible. We have and will continue to do so in implementing as many cost saving mechanisms for the project,while simultaneously maintaining ahigh level ofclient service and quality. Although additional funds are warranted for completion of this project,we undertook a cost-conscious effort in developing this budget augment. MBA will strive to keep you well informed throughout the process about these out-of-scope costs, The total fee associated with this budget augment request in$4O.lOO. nouertoalquest September 2,201D Page If you have any questions or concerns regarding this report, please call me at 925.200.1656 or email me atjbnandmen@brundman.omm. Sincerely,