HomeMy WebLinkAboutContracts & Agreements_6-2021AGREEMENT TO PERFORM PROFESSIONAL PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT REVIEW SERVICES
This agreement for the provision of professional planning, environmental, and
development review services (` Agreement") is made and entered in this 19th day of January
2021 ("Effective Date'), by and between the City of Redlands, a municipal corporation ("City")
and Michael Baker International, Inc. ("Consultant"). City and Consultant are sometimes
individually referred to herein as a `Party' and, together, as the `Parties. In consideration of the
mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide professional planning, environmental, and
development review services for City (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 consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
A, titled `Scope of Services, which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Brian Desatnik, Development Services Director, as City's representative
with respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance set forth in Exhibit 'B' titled `Fee/Cost Schedule, which is attached hereto
and incorporated herein by reference.
4.2 The term of this Agreement shall be for a period of one (1) year this Agreement (the
`Initial Term"). The City shall have the option to extend the Initial Term of this
Agreement by two (2) additional one-year terms (each, an `Extended Term"), on the
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same terms and conditions, by providing written notice to Consultant at least thirty (30)
days prior to the expiration of the Initial Term or any Extended Term.
4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 The compensation for Consultant's performance of the Services shall not exceed the
amount of one hundred fifty thousand dollars ($150,000) for the Services provided during
the Initial Term. Should this Agreement be extended, the compensation for Contractor's
performance for the Services shall not exceed the amount of one hundred fifty thousand
dollars ($150,000) for the first Extended Term; and one hundred fifty thousand dollars
($150,000) for the second Extended Term, bringing the total possible amount of
compensation to a not -to -exceed amount of four hundred fifty thousand dollars
($450,000). City shall pay Consultant on a time and materials basis up to the not to
exceed amount in accordance with Exhibit 'B, titled `Fee/Cost Schedule' which is
attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) 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
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously 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.
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
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CONSULTANT.
Tanya Bilezikjian, Vice President
Michael Baker International, Inc.
3536 Concours, Suite 100
Ontario, CA 91764
tbilezikjian@mbakerintl.com
909-974-4900
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may in the sole
discretion of City results in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its employees
shall have control over the conduct of Consultant or Consultant's employees, except as
herein set forth. Consultant shall supply all necessary tools and instrumentalities required
to perform the Services. Assigned personnel employed by Consultant are for its account
only and in no event shall Consultant or 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 Consultant
shall have no authority express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. 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. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City copies (in both hard copy and electronic form, where
applicable) of project related 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. Consultant shall be compensated
on a pro -rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.6 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 verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
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8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement
CITY OF REDLANDS MICHAEL BAKER INTERNATIONAL, INC
By ( dik
Mayor, City of Redlands
ATTEST
e Donaldson, City Clerk
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By
Tanya : i`zik ian, Vice President
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide contract services pertaining to planning, project management, and
development review services for the City which may include, but are not limited to, the
following:
1 Consultant will be the `project manager' on behalf of City related to proposed projects, as
assigned, for the purpose of expediting application processing.
2. Specific duties and tasks of Consultant shall include the following:
a. Act as the primary point of contact for the assigned applicant and promptly respond to
communications and correspondence from the applicant;
b. Coordinate processing through all City applicable City departments including
Development Services, Municipal Utilities and Engineering, Fire and others that may be
required;
c. Review an applicant's development applications for compliance with the zoning
ordinance, any applicable specific plans, and other applicable City regulations, policies,
and guidelines;
d. Attend City committee, commission, and Council meetings, as needed;
e. Prepare comprehensive staff reports (e.g. Planning Commission, City Council, etc.) on
various planning matters related to the applicant's proposed projects;
f. Prepare correspondence, memoranda, legal notices, public notices, project descriptions,
and other necessary documents related to an applicant's proposed projects;
g. Review draft documents and assist with preparation or editing of CEQA environmental
review documents;
h. Prepare and deliver presentations related to the applicant's proposed projects;
i. Act as City's representative to other governmental agencies, consultants, and tribal
governments related to the applicant's proposed projects;
j. Respond to public inquires and requests for documents related to the applicant's
development projects;
k. Monitor and record tasks and time spent on each task, and maintain current records;
1. Review applications for building, grading, and engineering permits (Plan Checks) for
compliance with City regulations and applicable conditions of approval related to the
applicant's development projects;
m. Perform other related duties as may be necessary to comprehensively and efficiently
manage and review the applicant's development projects.
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EXHIBIT "B"
FEE/COST SCHEDULE
Michael Baker understands the importance of completing work on time and on budget and the need
to go above and beyond to help ensure the City's ultimate success. For each task order, we will
assign the City a team member from among our key personnel based on skill, availability and rate.
Beyond the key personnel, other staff may be offered according to the 2021 rate schedule (see table
included herein).
As this proposal is reviewed, we urge the City of Redlands to consider that hourly rates are only
part of the story Every firm proposing to provide planning services will submit an hourly rates
schedule, and we expect that some rates will be lower than ours. However, those lower costs per
hour ignore the second part of the cost equation: the number of hours it takes to complete
assignments. The ostensible advantage of a lower cost per hour from competitors vanishes when the
work takes more time to complete.
Michael Baker has a proven track record of preparing planning -related and other specific task
orders and for completing our work within or below budget and on time. Simply put, the experience
of proposed key and additional staff, in providing similar services to prior clients, is an advantage
for the City of Redlands and, creates higher efficiency and higher quality services on our team's
part.
For regular business hours, Michael Baker will charge the following hourly rates for lcey personnel.
These rates will be billed on a time -and -materials basis. Therefore, only hours worked will be
charged to the City Michael Baker can bill hours to specific projects to maximize the opportunity
for the City to pass costs incurred on to project proponents.
Hourly Rates for Key Personnel
Team Member
EMILY ELLIOTT AICP
DAVID CHRISTIE, AICP
Position
Project Manager/Principal
Planner
Associate Planner
Hourly Rate
$155
$105
Mileage for travel to and from City offices and project sites would be reimbursed at the applicable
federal rate. Administrative costs (copies, mailing, etc.) will be billed at cost with no mark-up (our
current rates are listed below). Lodging and meals would not be billed to the City Services for
long-range planning and special projects and environmental services will be billed in accordance
with the terms established under specific task orders.
Item
Copying/Printing
Small Format B/W
Small Format Color
Large Format B/W
HP Mono Lines (B/W)
HP Color Lines
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Rate
0.04
0.17
0.18
0.18
0.44
HP Color Low Density Image
HP Color High Density Image
Per Diem/Meals/Lodging
Mileage
Postage/Delivery
2021 RATE SCHEDULE
0.79
1.55
N/A
IRS rate
at cost
Comprehensive Planning
Services
$180—$250
Sustainability
Project Director/Advisor
$180—$225
Principal Planner
$150—$180
Principal Climate Change Analyst
$145—$165
Project Manager
$135—$180
Program Manager
$130—$160
Assistant Project Manager
$120—$135
Senior Planner
$120—$150
Conservation & Resource
Land Use Planner
$120—$130
Project Director/Advisor
$180—$225
Associate Planner
$105—$120
Senior Conservation Planner
$110—$125
Assistant Planner
$95—$105
Conservation Planner
$95—$120
Planning Technician
$65—$75
Biology
Environmental Services
Project Director/Advisor
$180—$225
Project Director/Advisor
$1804225
Senior Biologist
$120—$150
CEQA Project Manager
$1254180
Associate Biologist
$90—$120
Senior Environmental Planner
$120—$150
Associate Environmental Planner
$95—$120
GIS
GIS Manager
$1254145
Urban Design & Revitalization
Project Director/Advisor
$180—$225
GIS Analyst
$95—$115
Senior Urban Designer
$1654180
Housing & Redevelopment
Urban Designer
$105—$130
Project Manager
$135—$175
Senior Housing Planner
$105—$135
Transportation Services
Associate Housing Planner
$90—$120
Project Director/Advisor
$180—$225
Grant Technician
$75—$80
Transportation Planner
$1504180
Management Services
Public Outreach
Principal
$225—$275
Project Director/Advisor
$1804225
Associate Principal
$195—$225
Senior Public Information
$120—$150
Senior Associate
$180—$225
Public Information Officer
$904120
Public Engagement Coordinator
$90—$120
Municipal Finance
Project Director/Advisor
$1804225
Creative Services
Municipal Finance Manager
$145—$165
Graphics Production Manager
$125—$145
Municipal Finance Coordinator
$125—$145
Graphic/Web Designer
$80—$115
Municipal Finance Analyst
$85—$125
Grant Writing
Meeting Facilitation
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Principal Grant Writer
$80—$125
Facilitation Services
$115—$175
Administrative Services
Technical Editor
$85—$125
Administrative Support
$65—$95
*A 5% escalation will apply for each year the contract is extended.
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that 1 become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
MICHAEL -'B ER INTERNATIONAL, INC
By
Tanya Bil!ziklian, Vice President
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Date ��I�2.07.�