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HomeMy WebLinkAboutContracts & Agreements_106-99_CCv0001.pdf STANDARD AGREEMENT TO FURNISH CONSULTING SERVICES This Agreement is made and entered into this 2nd day of November. 1999 by and between the City of Redlands, a municipal corporation (hereinafter " City") and Parsons Harland Bartholomew & Associates, Inc., (hereinafter"Consultant"). In consideration of the mutual promises, hereinafter set forth. City and Consultant hereby agree as follows: ARTICLE I-- ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform professional planning consulting services ("Services'") for the City's Housing Element Update (the"Project"). 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 high quality Services for the Project at the level of competency presently maintained by other professional planning consultants in the industry providing similar types of services. ARTICLE 2,- SERVICES OF CONSULTANT 2.1 The specific 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. ARTICLE 3.- RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. A:mun ia-t I ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the Project Schedule set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference. ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $31,700 in accordance with Attachment C-Project Fee. City shall pay Consultant on a time and materials basis at the hourly rates described in Exhibit "D" entitled "Rate Schedule," which is attached hereto and incorporated herein by this reference. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice to City indicating the Services performed to date, who performed the Services, indirect costs,and the detailed cost of all Services. Payments by City to Consultant shall be made within 30 days after 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. Citv Consultant John Jaquess Jeff Goldman, Project Manager Community Development Department Attn: Frank Wein 35 Cajon Street, PO Box 3005 Parsons,Harland Bartholomew&Assoc.,Inc, Redlands, CA 92373 100 West Walnut Street Pasadena, CA 91124 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notice shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills,and payments are to be given by giving notice pursuant to this paragraph. A:muniagtl 2 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain worker's compensation insurance and, in addition,shall maintain insurance to protect City from claims for damage due to bodily injury.personal injury and death, and claims for injury to or destruction of tangible property, while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit Of $1,000.000, and in $2,000,000 in the aggregate. Consultant shall maintain professional liability insurance in the aggregate amount Of$1,000,000 with a minimum of$500,000 per occurrence. City shall be named as an additional insured under all policies for public liability,property damage and comprehensive automobile liability and professional liability insurance,and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant shall indemnify,hold harmless and defend City and its elected officials,officers, agents and employees from and against all claims, loss, damages, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful misconduct or negligent acts or omissions on the part of Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. 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. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, Provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are Frank Wein, Jeff Goldman and Sharon Hightower. Consultant agrees that such key personnel shall be made available and assigned to the Project, and that they shall not be replaced without prior concurrence by City. A:muniagt] j y 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by Consultant pursuant to this Agreement 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 for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by City, without cause, by providing thirty (30) days prior written notice to Consultant (delivered by certified mail, return receipt requested) of its intent to terminate. 7.8 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. 7.9 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services affected, and(2)deliver or otherwise make available to City, copies (in both hard copy and electronic form,where applicable),of any data,design calculations,drawings,specifications. reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.11 This Agreement,including the exhibits incorporated herein by reference,represents the entire agreement and understanding between the parties hereto as to the matters contained herein, and any prior negotiations,proposals or oral agreements are superseded by this Agreement. A:muniagl 4 i Any amendment to this Agreement shall be in writing,approved by the City Council of City and signed by City and Consultant. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITLESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Parsons Harland Bartholomew&Associates, Inc. ("City") ("Consultant") By: By: 4Lit Vice P ent ATTEST: ATTEST: City lerk, C o Redlands Secretary of the Corporation Al mnniagtt 5 CONSULTING SERVICES ATTACHMENT A SCOPE OF WORK A:muniagtl CONSULTING SERVICES ATTACHMENT B PROJECT SCHEDULE A:muniagtl CONSULTING SERVICES ATTACHMENT C PROJECT FEE A:muniagtl CONSULTING SERVICES ATTACHMENT D RATESCHEDULE A:muniagtl CONSULTING SERVICES ATTACHMENT A SCOPE OF WORK Redlands Housing Element 2000 Revised Scope of Work — Redlands Housing Element 2000 TASK 1: BACKGROUND RESEARCH addressed, and recommended assumptions that can reasonably be made in the absence 1A. KICK-OFF MEETING of available data. Parsons will meet with City staff to confirm Task I Deliverables a specific schedule for completing the scope of work, a work plan for ensuring that 1. List of requested data and potential data deliverables meet the City's expectations, sources submitted to City staff. data resources that the City will provide, and the public involvement process. Jeff TASK 2: HOUSING NEEDS ASSESSMENT Goldman and Sharon Hightower will attend this meeting. 2A. PUBLIC WORKSHOP 1 B. COLLECT DATA Parsons will attend a public workshop jointly conducted by the Planning Parsons will rely on existing sources of data Commission and City Council. At the provided by the City of Redlands to workshop, Parsons will present the housing complete the needs assessment. The City element process, the requirements of state will be responsible for providing all law, and key issues that will serve as the documents and other published data in its focus of the 2000 update. Parsons will possession and contacting public and private solicit ideas and comments from workshop agencies with relevant information. Parsons participants on additional key issues that will provide the City with a list of data should be addressed in the update. requirements that will address state housing element law and the public agencies and 213. COMMUNITY PROFILE private organizations most likely to maintain the listed data. The list will relate the type Parsons will compile the information of information needed to address each state collected in Task I and prepare a housing element requirement. community profile of population and housing, including existing conditions and Parcel data available through the City's GIS and/or the County's land use inventory projected trends, housing market characteristics, and land availability. At the database will be requested and used to City's option, the Community Profile can be facilitate the evaluation of land availability. presented and discussed at the public workshop. 1C. REVIEW EXISTING INFORMATION 2C. EVALUATION OF CURRENT HOUSING Parsons will review existing housing, land ELEMENT use, and demographic data from the City, other public agencies, community Parsons will provide: 1) a program-by- is of achievements, and 2) a organizations, and private entities to develop performance program analysis ysevaluation based on the a data resources inventory and identify. potential data -- quantified objectives in the current Housing s. Parsons will report to gap Element. The report will indicate the the City on any gaps, how they might be MA 1 0 PARSONS Redlands Housing Element 2000 housing type and population group affected • the permit process, including by each existing program, the targeted development and permit fees and income level(s), and the number of housing timelines (Parsons will provide a units constructed, rehabilitated, subsidized, summary table showing typical permit or otherwise affected. process times and costs), and This report will also identify factors • other local regulations, standards, or affecting the City's achievements (positively governmental practices that affect the and negatively), and whether changes in construction, conservation, or policies and programs can overcome rehabilitation of housing. constraints to the City's achievement of its Analyze Non-governmental Constraints new Housing Element objectives. Parsons will provide an analysis of: 2D. HOUSING NEEDS ASSESSMENT * financing costs and availability, how Parsons will identify and analyze existing these affect housing affordability, and and projected housing needs by housing type whether there are local financing and population sub-group, including special constraints; needs categories, as required by state 0 land costs; housing element law. Parsons will also * construction costs, and whether there identify additional local issues that should be included in the needs assessment. are specific local conditions affecting those costs; and Provide Outline for Assessment 0 environmental factors that constrain the home building industry in meeting the To ensure that all required issues, including City's housing needs. those identified in the state's housing element guidelines, are addressed, Parsons Analyze Special Housing Needs will provide the City with an outline containing the relevant topics and how they Parsons will describe the characteristics, and will be analyzed. estimate the number of, individuals and families with special needs that might not Analvze Governmental Constraints ordinarily be met by the private market without specific governmental action. The Parsons will document zoning and other analysis will focus on those issues that make local regulatory requirements that these groups' needs unique. substantially affect the City's ability to facilitate, and the building industry's ability Review City's Regional Share (RHNA) to supply, housing for all income groups. Numbers The governmental constraints analysis will also include: Parsons will review the City's assigned regional share of new construction housing • an evaluation of any unique local need and incorporate that number into the building requirements and how they Regional Housing Needs Assessment may affect housing cost and availability; (RHNA). If there are substantial changes (or anticipated changes) in local conditions that may increase the demand for housing 2 MA 0 PARSONS Redlands Housing Element 2000 beyond the assigned regional share, Parsons may locate and the conditions under which will report on these factors to City staff and they are permitted. If Parsons concludes seek direction. An example would be a that existing zoning requirements do not larger-than-anticipated increase in local provide adequate locations for homeless employment. facilities, Parsons will recommend a program in the Housing Element, but only if Analyze "At-Risk" Housing the housing needs analysis indicates a need for such a facility. Parsons will provide an inventory and analysis of assisted housing that could Task 2 Deliverables convert to market-rate housing and become unaffordable to lower-income households. 1. Community Profile (one reproducible Such housing includes most types of locally, and three copies). ,p p state, or federally subsidized, density bonus 2. Housing Needs Assessment Report and inclusionary units. Our analysis will (including evaluation of current Housing address all of the state law requirements and Element). provide a cost estimate to replace or acquire such units. Present Opportunities for Energy TASK 3: REVIEW AND IDENTIFY ISSUES & GOALS Conservation Parsons will identify and analyze energy 3A. FORMULATE TOPICS/ISSUES conservation measures that offer savings in Parsons will outline the primary issues of the construction, operation, or maintenance concern on which to focus in the Housing of housing. Examples of measures Parsons Element. It is important to identify issues will examine and evaluate are energy that will frame the needs assessment, conserving site design and layout; the use of because the resolution of these issues will landscaping, building and appliance affect the direction the City takes for the standards; and development patterns that can Housing Element update. Although this task reduce energy use from transportation. is listed at Task 3 in the City's RFP, is it our recommendation that this task be completed Funding Sources early in the process of preparing the Housing Needs Assessment. Parsons will identify local, state, federal, and private financial resources that the City Some of the major issues are: might use to meet the identified housing needs and implement recommended housing the preservation of older housing and programs. single family neighborhoods; Sites for Homeless Shelters the accommodation of affordable housing among newer housing Parsons will evaluate the City's zoning code developments; and and other regulations to determine whether • the accommodation of affordable sufficient sites exist in which homeless housing within the growth management facilities are permitted. Parsons will permit system established by the City. document the zones in which such facilities MA 3 0 PARSONS Redlands Housing Element 2000 313. IDENTIFY OPPORTUNITIES AND 4. a general plan consistency analysis with CONSTRAINTS findings and recommendations for amendments to achieve consistency Opportunities represent resources and other between the Housing Element and other factors that potentially contribute to the General Plan Elements, and City's ability to achieve its Housing Element 5. a five-year program schedule. with objectives. Constraints are those factors that potentially detract from, or constrain, the quantified objectives, addressing the City's ability to achieve its housing construction, improvement, maintenance, objectivesand preservation of housing for all income groups. Parsons will research these factors and prepare a report to the City on how they may Parsons will request that all comments be be addressed in the Housing a Element. This coordinated by the City's Project Manager"Opportunities and Constraints Report" will and be provided in one set. be important in shaping the evaluation of Task 4 Deliverables previous achievements by documenting factors affecting past performance. The 1. Screen-check draft Housing Element "Opportunities and Constraints Report" will update with all supporting materials and also assist in developing new or revised appendices (one electronic version, one policies and programs for the updated reproducible version, and five bound Housing Element. copies). Task 3 Deliverables 1. Memorandum that identifies key issues TASK 5: PUBLIC REVIEW DRAFT for the Housing Element 2000 and the Parsons will prepare a revised draft Housing revisions needed. Element based on City staff comments. This Memorandum that summarizes identified document will be the public review draft opportunities and constraints. submitted to the Planning Commission and City Council for initial public hearings TASK 4: SCREEN-CHECK DRAFT Parsons will present the public review draft HOUSING ELEMENT at public hearings scheduled by the City (see Task 7). Substantive changes directed by 4A. PREPARATION OF SCREEN-CHECK the City Council will be incorporated into DRAFT HOUSING ELEMENT this draft prior to its submission to HCD for review. Parsons will prepare a draft Housing Task 5 Deliverables Element that contains: I. the housing needs assessment and 1. Public review draft Housing Element conclusions: (electronic version, one reproducible copy, ten bound copies) 2. the housing program evaluation; 3. an identification of potential funding to TASK 6: INITIAL STUDY implement housing programs; To be performed by City Staff. MA 4 0 PARSONS Redlands Housing Element 2000 TASK 7: PUBLIC HEARINGS Task 9 Deliverables Parsons will attend a Planning Commission 1. Memo to City staff summarizing state and two City Council hearings on the draft review comments and suggested Housing Element. revisions to the draft Housing Element to Parsons will meet with City staff to review address those comments. comments and revisions prior to submission 2. Revised draft Housing Element (see of the draft Housing Element update to the Task 10,). California Department of Housing and Community Development (State HCD). TASK 9: FINAL HOUSING ELEMENT TASK 8: COORDINATE STATE REVIEW 9A. FINAL HOUSING ELEMENT 8A MEETING WITH HCD REVIEWER Parsons will prepare a final Housing Element for City Council adoption based on Parsons will attend up to two meetings with HCD comments and final City staff the state HCD reviewer: 1) one prior to comments. submitting the draft Housing Element to explain the City's approach and key issues that the Housing Element addresses, and 2) 9B. PUBLIC HEARING one following state review to discuss HCD's comments and potential revisions to address Parsons will attend a City Council adoption those comments. The purpose of these hearing to answer questions about state meetings will be to identify potential review review comments and the revisions to the issues and their possible resolutions prior to Housing Element to address those the end of the 45-day state review period. comments. 8B. MEETING WITH CITY STAFF Task 9 Deliverables 1. Memo to City staff on potential state Parsons will meet with City staff subsequent review issues and their resolution. to a meeting with HCD, to review State 2. Screen-Check draft final Housing comments on the draft Housing Element and Element update (electronic version, one to discuss possible revisions to address those commentsreproducible version, ten bound copies). 3. Final Housing Element (electronic 8C. REVISION OF HOUSING ELEMENT version on disk, one reproducible Parsons will prepare a final Housing version, ten bound copies). Element City Council adoption. To ensure TASK 10: IMPLEMENTATION & that the final document incorporates the MONITORING PROGRAM appropriate changes, Parsons will provide City staff with a list of HCD comments the I OA. CITY REPORT affected Housing Element section(s), and the changes we recommend. Parsons will prepare a Housing Element Implementation report that: • PARSONS Redlands Housing Element 2000 describes the responsible agency to implement the program: Cost By Task * outlines program operating procedures: Task 1: Background Research and $900 Task?: Housing Needs* $14.000 + suggests an appropriate monitoring Task 3: Housing Issues & Goals $600 process. Task 4: Screen-Check Draft If. E. $7.500 Task 5: Draft Housing Element $1,100 108, HOuSiNG CONSISTENCY REVIEW Task 6: Initial Study NSA Task 7: Public Hearings** $2,700 Parsons will review other general plan and Task $: State Review housing documents for consistent with $1'500 Y Task 9: Final H. E. $1.000 goals, objectives, and implementing Task 10: Implement.IMonitoring $2.400 measures in the Housing Element. Parsons will list inconsistencies and recommend Total Baseline Tasks revisions that will minimize substantive 531,700 Policy changes in other City documents. *Includes public workshop. Task IO Deliverables **EI imination of one public hearing 1. Housing Element Implementation and The cost proposal is based on the following hourly rates:MonitorinS Report. including consistency evaluation (electronic copy on disk,one reproducible copy). 'Technical Director $136 Principal Planner/Project Manager $ 90 Hightower Associates $115 Associate Planner $ 52 Technical Support $ 56 Administrative Support $ 47 These rates are exclusive of out-of-pocket expenses that are part of the task budgets. Additional meetings or tasks requested by the City will be charges on a time and expense basis according to the hourly rates shown above. EPARSONS 6 7 CONSULTING SERVICES ATTACHMENT B PROJECT SCHEDULE A:munia2t] i i PROJECT SCHEDULE TASK 1: Background Research Oct Nov Dec Jan Feb Mar A r Ma Jun Kick�Off Meeting w/City Staff Identify/Collect Data i r TASK 2: Housing Needs Assessment Draft Community Profile& Housing Needs Assessment Meeting with City Staff to Discuss Findings/Conclusions Revised Profile & Needs Assessment(per City Staff Review) TASK 3: Community Housing Issues and Goals �Y Meeting with City Staff to Review Issues and Goals Issues/Goals Memorandum TASK 4: Screen-Check Draft Housing Element O Screen Check Draft Housing Element Meeting with City Staff to Review TASK 5: Draft Housing Element Revise per Staff Comments TASK 6: Initial Study— To Be Completed By City Staff ' TASK 7: Present draft H. E. to Planning Commission & City Council Attend Planning Commission Hearings I Attend City Council Hearings TASK$: Prepare City Council Approved Draft Housing Element Meeting with City Staff to Review Comments from Public Hearings Revised Draft H. L and Prepare Draft for State Review TASK 9: Coordinate State HCD Review & Document Revision i State Review Time Period Meeting with City Staff to Review HCD Comments TASK 10; Preparation of Final Housing Element ' ; • Screen-Chec Final Housik Draft Final Housing Element , ng Element TASK 11: Implementation and Monitoring Program Consistency Review i Implementation/Monitoring Program CJ t Meeting CJ Deliverables GENERAL REQUIREMENTS B-1 r CONSULTING SERVICES ATTACHMENT C PROJECT FEE i Cost By Task Task 1: Background Research $900 Task 2: Housing Needs* $14,000 Task 3: Housing Issues & Goals $600 Task 4: Screen-Check Draft H. E. $7,500 Task 5: Draft Housing Element $1,160 Task 6: Initial Study NIA Task 7. Public Hearings** $2,700 Task 8: State Review $1,500 Task 9: Final H. E.$1,000 Task 10: Implement.lMonitoring $2,400 Total Baseline Tasks $31,700 *Includes public workshop. **Elimination of one public hearing CONSULTING SERVICES ATTACHMENT D RATESCHEDULE A:muniautl Rate Schedule Technical Director $136 Principal Planner/Project Manager $ 90 Hightower Associates $115 Associate Planner $ 52 Technical Support $ 56 Administrative Support $ 47 These rates are exclusive of out-of-pocket expenses that are part of the task budgets. Additional meetings or tasks requested by the City will be charged on a time and expense basis according to the hourly rates shown above.