HomeMy WebLinkAboutContracts & Agreements_12-2009_CCv0001.pdf SECOND AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
This second amendment ("Second 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 3d day of February, 2009.
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,"..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 Twelve Thousand Three Hundred Dollars
($412,300.00) 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"1"of this Second Amendment.
All other provisions of the Agreement shall remain in full force and effect.
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C:\J)OCUME—l'.AYUEN—I..NY-U-,\LO(-ALS—I'\Temp\,XPgrpwise'\N4ichaelBrandmanAssoc—second Amendment Doe.doc
IN WITNESS WHEREOF,the parties have executed this Second Amendment,to be effective as of
February 3, 2009.
CITY OF REDLANDS ATTEST:
Jon Harri n, Mayor Lor ,' oyzer, C' Cl rk
MIC LB DMAN SSOCIATES
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BY` Bre �n� V� �� President
C:%MUMS I\AYUEN--1.AYUV-OCALS-I\Temp',XPg pw-ise\Michael Brandman&sw second Amendment Doe.doe
ichael Brandman Associates
12, 2009 M
Robert D. Dalquest,AICP
Assistant Community Development Director "
City of Redlands
35 Cajon Street,Suite 20
Redlands, CA 92373
Subject: Request for Additional Funds to Re-Initiate Project/update Technical Studies/Re-
Circulate Notice of Preparation(NOP)-Redlands CrossingtAttend Scoping Meeting
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 may recall at the inception of the project, it was acknowledged that budget augments may be
required to address a variety of issues that become more scrutinized as part of the EIR process and/or
unforeseen revisions associated with the proposed project.
At this time, due to revisions to the project description dated December of 2008,as part of reinitiating the
project, it will be necessary to update the traffic and urban decay studies and revise the existing Notice of
Preparation(NOP)and re-circulate the NOP for public review. In addition,due to the revised NOP, it will
also be necessary to conduct one scoping meeting in conjunction with the revised NOP. Additional budget
for project management and meetings are also required due to the protracted schedule and activities
associated with reinitiating of the project. Thus, MBA has prepared a budget augment in the amount of
$34,800 to cover these additional services.
Update to Traffic Study - The recent changes to the project proposed by the applicant will require
additional analysis and also revision of some of the completed tasks.
Due to recent changes to the proposed project description by the applicant, an updated trip generation
calculation of the proposed project will be required based on trip rates included in the Institute of
Transportation Engineers' (ITE)Trip Generation, 81h Edition.
Due to the issuance of the NOP,the traffic consultant will be conducting new turning movement counts at
31 intersections, including vehicle classification counts at 6 of the 31 intersections. In addition,the traffic
consultant will update the list of related projects based on the list provided by the City in December of
2008. Based on the latest list,the traffic consultant will calculate the trip generation of the related
(cumulative)projects in the study area to incorporate in the analysis.
Additionally,due to construction activities on San Bernardino Avenue within the past year,an additional
field visit will be necessary to verify lane geometry and signal phasing at the appropriate study
intersections.As part of the field visit,the traffic consultant will verify occupancy status of related projects.
Robert Dalquest
January 12,2009
Page 2
Update to Economic/Urban Decay Study- Given the overall delay in the project and the revised project
description provided by the applicant in December of 2008, it is recommended to update the
Economic/Urban Decay study as follows:
■ Revised project description;
■ Revised cumulative project list;
■ Update existing taxable sales in the City;
■ Update potential impacts to downtown Redlands based on specific findings and recommendations
from the Housing report;
■ Provide discussion of re-use of existing Wal-Mart store(Housing report);
■ Relevant additional data from the London Group report;
■ Provide discussion regarding the re-use for the vacated Mervyn's store.
Increased Project Management and Additional Meetings-Because of the protracted schedule and the
need to maintain close communication with City staff and the rest of the project team, in particular as it
relates to the time expended to re-initiate the project, in addition to completion of the EIR process, MBA
will require additional fees for these types of activities.
The following is a breakdown of the related costs associated with this requested budget augment:
1. Update Traffic Study $12,700
2. Update Economic/Urban Decay Study $9,800
3. Revise and Re-Circulate Notice of Preparation (NOP) $5,000
4. Scoping Meeting $2,800
5. Project Management/Meetings $4,500
TOTAL FEE $34,800
As I hope you are aware, 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 a high level of client 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 is $34,800.
Please indicate your acceptance of this budget augment request by providing your signature in the space
provided below. This signed budget augment proposal will then become our agreement to provide
professional services for the project.Any revisions to the project that require updating the NOP will be
prepared under separate authorization.
Robert Dalquest
January 12,2009
Page 3
If you have any questions or concerns regarding this request, please call me at 925.200.1656 or email me
at ibrandman@brandman.com.
S s c Y, Accepted By:
c
Y'
'Jas n Bran an,Vice President Robert Dalquest
I
chael Rr6drnan Associates City of Redlands
1v
()621 E. Carnegie Drive, Suite 100
San Bernardino, CA 92408