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HomeMy WebLinkAboutContracts & Agreements_215-2005_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR THE DEVELOPMENT OF A STRATEGIC PLAN TO UPDATE THE CITY'S GENERAL PLAN This agreement for consulting services to develop a strategic plan for a comprehensive update of the City of Redlands' General Plan ("Agreement") is made and entered into this 1" day of November, 2005 by and between the City of Redlands, a municipal corporation ("City"), and Dyett & Bhatia ("Consultant"), who are sometimes individually referred to herein as a "Party," and collectively, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform professional consulting services to prepare a t., strategic plan for a comprehensive update to the City's General Plan(the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional planning consultants in the industry providing like and similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act and the Fair Employment and Housing Act. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Services. 3.2 City will make provision for Consultant to enter upon City-owned property, as required by Consultant, to perform the Services. 3.3 City designates Robert D. Dalquest, Principal Planner, to act as its representative with respect to the Services to be performed under this Agreement. I ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule." ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$50,000.00. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit ",C," entitled "Project Fee," and based upon the hourly rates shown in Exhibit"D," entitled "Rate Schedule." 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the portion of the Services performed, who performed the Services and the detailed cost of all Services, including backup documentation. Payments by City to Consultant shall be made within thirty (3)0) days after City's receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All notices shall be made in writing and may be given by personal delivery or by mail. Notices, sent by mail shall be addressed as follows: city Consultant Jeffrey L. Shaw, AICP Rajeev Bhatia, Principal Community Development Dept. Dyett& Bhatia City of Redlands 755 Sansome Street, Suite 400 35 Cajon Street, Suite 20 San Francisco, CA 94111 PO Box 3005 (mailing) Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration of this Agreement and shall be primary with respect to City and non- contributing to any insurance or self-insurance maintained by City. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City. 6.2 A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its elected officials, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver shall not apply to any damage resulting from the negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its age.-Its or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Consultant shall secure and maintain in force throughout the duration 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and one million dollars($1,000,000) annual aggregate. 6.5 Consultant shall have business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant-owned vehicles used in connection with the Services, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.6 Consultant is expressly prohibited from assigning any of the Services covered by this Agreement without the express prior written consent of City. In the event of mutual agreement between Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements prior to any Services being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.7 Consultant shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, political 3 subdivision or other organization arising out of or in connection with Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or intentionally wrongful acts of City, its officials, employees or agents. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms 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 in- house counsel of the Parties at rates prevailing in San Bernardino County, California. 7.2 Consultant's key persons to perform the Services are Rai eev Bhatia, Principal in Charge/Project Manager, and Joan Isaacson, Coordinating Project Manager. Consultant agrees that these key people shall be made available and assigned to perform the Services and that they shall not be replaced without concurrence from City. 7.3 All documents, records, drawings, designs, cost estimates, electronic data files, databases, and other documents developed by Consultant pursuant to this Agreement, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents and any use of incomplete documents will be at City's sole risk. 7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services described in this Agreement. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. 7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 7.6 This Agreement may be terminated by City, without cause, by providing five (5) business days prior written notice to Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.7 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.8 Upon receipt of a termination notice, Consultant shall (1) immediately discontinue all services affected, and (2) within five (5) days of the date of said termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of any data, design calculations, drawings, specifications. 4 reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or oral agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 7.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS DYETT& BHATIA By: By: usan Peppler, Nfayor Rajeev Ahatia, Principal Attest: -City,elerk 5 Agreement To Furnish Consulting Services For Tice Development Of Strategic Plan To Update The City's General Plan EXHIBIT A:SCOPE OF WORK The following describes the five work tasks about Redlands' future. This will give us a proposed by Dyett & Bhatia, with support of broad sense of the community, elicit candid Godbe Research and Analysis for the input on planning issues, and allow us to community survey. look for common goals. TASK 1: INITIAL RECONNAISSANCE B. Community Workshop. Dyett & Bhatia will conduct one community workshop to hear At the outset of the project, Dyett & Bhatia will from local residents and business owners. meet with City staff to collect all pertinent We will conduct a series of visioning exer- documents. Department heads from the cises (for example, small-group discussions, planning, building, and public works visual preference surveys, and mapping exer- departments will be invited to a round-table cises) to ascertain the community's desires discussion on the adequacy and currency of the for its future, as well as perspectives in plan- 1995 General Plan.We will discuss how General ning issues. Dyett & Bhatia can help prepare Plan policies are applied during City Council a flyer announcing the meeting that the City deliberations, and whether the Plan and could distribute. implementing documents are useful and C. Decision-maker Workshop. We will conduct understandable. a joint workshop with the Planning Com- Meetings: Informal meetings with City Staff mission and City Council to present the Roundtable meeting with Department findings of stakeholder meetings and the Heads community workshop. Following this, we will engage the decision-makers in a discus- TASK 2: COMMUNITY OUTREACH sion of 1) whether the community's vision AND VISIONING has changed since the last General Plan was Dyett &Bhatia will conduct a series of meetings prepared, 2) their vision of the future, and 3) to explore the community's vision, and whether what they believe should be the key issues to the current General Plan continues to embody address in a General Plan Update. the community's vision for its future. A D.Mail-in Survey (GRA; D&B support). A community survey will also be conducted; we postage prepaid mail-in survey will be pre- are willing to substitute an Internet-based pared to understand viewpoints related to survey in place of the mail-in survey if so the city's vision, growth and development, desired. salient planning issues, and potentially transportation use and habits, to help with In addition to these outreach methods, Dyett & later transportation analysis. This mail-based Bhatia can engage community members in the approach could take one of two forms in visioning process through postings on the City's terms of sampling design, depending on fur- website, newsletters, spots on the community ther discussions with the City. These include television channel, or presentations to local a mail survey of a sample of registered voters community groups. We will work with City or a mail survey of randomly selected one- staff to determine an appropriate level of quarter of city's residential addresses. The community outreach for the project. goal would be approximately 600 completed A. Stakeholder Meetings. We will conduct face- responses (with an approximate eight- to-face interviews with 20 to 30 key stake- percent response rate, this would suggest holders (in groups of 2 or 3; or about 12 to mailing the survey to about one-quarter of 14 total meetings over perhaps two days), in- the city's approximately 26,000 households). cluding community leaders, business own- We are willing to expand survey distribution to encompass a greater proportion of the ers, homeowners' association representa- City's population; however, this will cost tives, developers, and others concerned A-i Agreement To Furnish Consulting Services For The Development Of Strategic Plan To Update The City's General Plan EXHIBIT A:SCOPE OF WORK more and the results will likely not be any TASK 3: VISION/CURRENT GENERAL different once a sample of approximately 406 PLAN "MATCH"AND responses is reached. EVALUATION OF CURRENT The primary benefits of using a listed sample GENERAL PLAN of voters are efficiency and some limited seg- Dyett & Bhatia will review all mandatory and mentation on the front end of the survey. optional elements of the 1995 General Plan for: This will help to ensure that we are represen- (1) Relationship to current community vision, tative of the larger population of all voters. and (2) Legal adequacy, currency, and Regardless of the sampling design option, consistency. Our analysis will have three Godbe Research and D&B will work with the primary objectives/subtasks: City to develop and refine the survey in- A. Vision Match. The themes of the General strument. The City would print and mail out Plan (in Chapter 1) as well the Guiding a survey packet, which will contain a letter Z) Policies in each of the elements will be from either Godbe Research or the City that introduces the survey, as well as the actual reviewed to see how well they reflect current survey instrument and a pre-stamped and community vision. addressed return envelope to Godbe Re- B. Effectiveness. Based on discussion with search or the City. Godbe Research would Department Heads (Task 1) and outreach, look to the City to provide letterhead for the we will ascertain effectiveness of the current introduction letter, as well as the mailing and General Plan. return envelopes. We would also look to the City to mail out the survey and provide post- C. Outdatedness. Based on changes in age costs. setting—Measure U and Donut Hole, for example—we will establish which parts of At this point, we envision a survey to be in- the General Plan are no longer current. cluded as part of utility mailings. This will be an 8.5 x 11-inch two-page survey, and a re- D. Legal Issues. Dyett & Bhatia has prepared a turn#10 envelope,which is pre-stamped and matrix that identifies both statutory pre-addressed. requirements and judicial standards relating E. Report on Community Vision. Results from to General Plans.We will update this matrix with legislative and judicial decisions made the various methods of outreach will be through mid-2005, including identification compiled into a short document that reflects the community's vision of its future. This vi- of recent legislative amendments for sion will be fleshed out with Guiding Princi- Housing Elements (for example provision of reasonable accommodations for disabled pies or Themes encapsulating a variety of as- pects of the city's development, and also fa- persons; and mandates for density bonus cilitate later comparison with the themes of for affordability). We will analyze policies the current General Plan. in the 1995 General Plan to determine discrepancies, and identify new and/or Meetings: Stakeholder Meetings revised information that will be needed Community Workshop during the General Plan Update. Decision-maker Workshop E. Internal Inconsistencies, During review of Products: Memo on Stakeholder Interviews the 1995 General Plan, we will identify any Memo on Community Workshop broad inconsistencies between policies, Mail-in Survey and Report on Survey tables, charts, and/or graphics among the Report on Community Vision different Plan elements. A-2 Agreement To Furnish Consulting Services For The Development Of Strategic Plan To Update The City's General Plan EXHIBIT A:SCOPE OF WORK Dyett & Bhatia will prepare a report summarizing the salient findings from our review of current General Plan policies, identification of revisions necessary for compliance with legal and judicial statutes, and changes to reflect the community's vision for the future. The report will provide a concise, understandable framework for revisions needed during the General Plan Update. Product: Report on Review of 1995 General Plan TASK 4: GENERAL PLAN UPDATE WORK PROGRAM Dyett & Bhatia will prepare a step-by-step work program that will serve as a comprehensive roadmap to updating the General Plan in logical and efficient manner. This work program will be issue oriented, reflecting findings of the assessment, rather than simply being process oriented. Dyett & Bhatia will also prepare a draft budget for the various work components. An Administrative Draft of this report will be prepared for staff review, and following staff comments, the report will be finalized for distribution to decision-makers. Dyett &Bhatia will present the report to decision-makers at one meeting. Meeting. Decision-maker Meeting on Work Program Products: Administrative Draft General Plan Update Work Program Final General Plan Update Work Program A-3 Agreement To Furnish Consulting Services For The Development Of Strategic Plan To Update The City's General Plan EXHIBIT B:PROJECT SCHEDULE Task 1: Ink I Task 3: Ta*4: WWA"Mad aid U" (wma Cw&31 Mm ErAmdm W"no updau work hVM I'l, 10 1 WIN, S MONTH 1 2 3 4 5 6 Staff/Department Head Stakeholder City Council and/or Community Workshop Meetings(additional as needed) Meetings Planning commission Paper/Report Workshop Citywide Survey B-1 Agreement To Furnish Consulting Services For The Development OfA Strategic Plan To Update The City's General Plan EXHIBIT C.PROJECT FEE We are willing to complete the proposed basic work program within a guaranteed maximum fee of $50,000. These fees include all personnel costs, subcontractors' costs, and direct costs, and delivery of products identified in the work program. Subcontractors' costs and direct costs are billed with no administrative markup or handling fee. The following tables explain the proposed budget in detail: Hours by Person by Task;and Costs by Person by Task. .Strategic Plan for the City of Redlands General Plan Update HOURS BY TASK Task I Task 2 1 Task 3 Task 4 General Community 1 Current Plan TOTAL Initial Outreach General Update Reconn-1 and Plan Work aissance i Visioning 1 Evaluation Program Principal 81 301 24 20 82_ Assoc. Principal 4 161 12 12 44 Senior Planner I- 61 40 38j 26 110 Planner 8 301 8i 6 52 Graphics/GIS 8! 161 81 6 38 Admin 61 161 loll 8 40 ITOTAL 14OURS 1 401 1481 1001 781 366 Strategic Plan for the City of Redlands General Plan Update COSTS BY TASK Task I Task 21 Task 31 Task 4 General Hourly Community I Current Plan TOTAL Rate Initial;! Outreach General Update Reconn- and j Plan Work aissance> Visioning Evaluation;; Program Principal $170 $1,360 $5,100 $4,080 $3,400 $13,940 Assoc. Principal 140 560 2,240 _1,680_i i 1,680 $6,160 Senior Planner 100 600 4,000 3,800 11 2,600 $11,000 Planner 80 640 i 2,400 640 j 480 $4,160 Graphics/GIS 85 680 '1 1,360 680 510 $3,230 Admin 55 330 880 550 440 $2,200. Direct Costs 1 $200 $1,300 $225 $85 $1,810 Subtotal $4,370 $17,280 I $11,655 $9,195 $42,500 Godbe- Survey $7,500 $7,500 T6�T Lt6tTS-' $24,1861 $1 1',655 s $9,195 Note: Dyett&Bhotio billing rates are subject to annual adjustment Billing rate changes,however, shall have no impact on overall task or project costs/budget C-1 Agreement To Furnish Consulting Services For The Development Of Strategic Plan To Update The City's General Plan EXHIBIT D.RATE SCHEDULE DYETT& BHATIA BILLING RATES-2005 Title Hourly Rate Principal 170 Director/Associate Principal 140 Senior Planner 100 Senior GIS Specialist 85 Graphics Manager Planner 80 Urban Designer GIS Specialist Senior Graphic Designer Admin Support 55 Note. Dyett&Bhatia billing rates are subject to annual adjustment.Billing rate changes, however,shall have no impact on overall task or project costs/budget D-1