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HomeMy WebLinkAboutContracts & Agreements_37A-2022AGREEMENT 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 29th day of March, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation and general law city ("City") and Michael Baker International, Inc., a Pennsylvania corporation ("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 development review and project management services as needed 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 "A." 4.2 The term of this Agreement shall commence on March 30, 2022, and terminate on March 31, 2023, unless the Services are terminated earlier as provided for herein. 1 L:\ca\djm\Agreements\Michael Baker Agreement.PS-1 1.FY21-0098.doe.jn 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 Total compensation for Consultant's performance of the Services shall not exceed the amount of forty nine thousand nine hundred ninety dollars ($49,990) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled "Compensation," 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 CONSULTANT. Tanya Bilezikjian, Vice President Michael Baker International, Inc. 3536 Concours, Suite 100 Ontario, CA 91764 tbilezikjian@mbakerintl.com (909) 974-4900 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the 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. Insurance policies 2 L.\ca\djm\Agreements \Michael Baker Agreement.PS-1 1.FY21-0098.doc.jn shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. 6.3 City shall defend, indemnify, hold harmless Consultant and its officials, employees and agents from and against any and all claims, causes of action, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent or omission by, or the willful misconduct of, City and its elected officials, employees and agents. 3 L.\ca\djm\Agreements \Michael Baker Agreement.PS-1 1,FY21-0098.doc jn ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant acknowledges and agrees it is a designated employee within the meaning of the Political Reform Act and City's Conflict of Interest Code because Consultant: A. May make a governmental decision whether to (i) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (ii) grant City approval to a plan, design, report, study or similar item, and/or (iii) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof; and B Serves in a staff capacity with City and, in that capacity, participates in making governmental decisions or otherwise performs the same, or substantially the same, duties for City that would otherwise be performed by the individual holding the position of City's Building and Safety Official as specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 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 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 4 L.\ca\djm\Agreements \Michael Baker Agreement.PS-1 1.FY21-0098.doc.jn 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. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law's provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, 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. 5 L.\ca\djm\Agreements\Michael Baker Agreement.PS-1 1.FY21-0098.doc.jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS By P`l'S Charles M Duggan, Jr , ity M,' ager ATTEST Donaldson, City Clerk 6 L•\ca\djm\Agreements\Michael Baker Agreement.PS 1 1.FY21 0098.doc.jn MICHAEL BAKER INTERNATIONAL, INC By Tanya BWkjian, Vice 'resident EXHIBIT "A" SCOPE OF SERVICES 1) Staff assigned as Project Planner(s) Act as the Project Planner for assigned development project(s) and related entitlements, perform related duties including, but not limited to, the following tasks a. Interpret and apply the policies in the City's 2035 General Plan b Interpret and apply the Zoning Regulations (RMC Title 18), Specific Plans, and other relevant policies and land use plans as may be applicable c. Interpret and apply a form -based code (if applicable), which is the Transit Villages Specific Plan in the City of Redlands (adoption pending) d. Interpret and apply the Subdivision Regulations (RMC Title 17) and/or the Subdivision Map Act, if applicable, e. Interpret and apply other applicable City policies, guidelines, and/or regulations as needed for a proposed project (e.g., architectural design guidelines, Sustainable Mobility Plan, etc ) f. Write notes and memoranda as needed for project review and tracking purposes, g. Write staff reports for Planning Commission and City Council, as needed (including utilizing analytical skills, ability to write applicable Findings, ability to generate Conditions of Approval, and ability to write Resolutions). h. General knowledge and able to apply the California Environmental Quality Act (CEQA) Guidelines. i. Review draft environmental reports and recommend revisions to content and accuracy of draft environmental documents prepared by environmental consultants (e g., Initial Study, MND and MMRP, or Draft/Final EIR, etc.) j Prepare and/or review required CEQA notices and other related CEQA documents for completeness and accuracy k. Work with consultants on related project documents, such as environmental technical reports. 1. Apply related skills in business correspondence and communications, internal and external customer service, and exhibit political acuity while offering apolitical and reasoned recommendations. m. Work cooperatively with City staff in other departments related to development review functions (e.g., Development Review Committee meetings, reviewing project plans, analyzing design problems and proactively identify alternatives for potential solutions, preparing or revising draft Conditions of Approval, etc ) n. Be available to be meet (in -person and/or via electronic meetings) with the City's Planning Division staff and management at least one day per week, if necessary o Participate in required meetings and hearings, such as public hearings by the Planning Commission, Historic & Scenic Preservation Commission, and the City Council 2) Planner(s) assigned as supplemental support for City's Planning Division staff: Act as reviewing Planner for reviewing ministerial applications to include Plan Checks (e.g., for building permits and/or grading permits), Zone Clearance Forms (for business license applications submitted online), and other routine administrative and ministerial applications on behalf of City staff. 7 L.\ca\djm\Agreements \Michael Baker Agreement.PS-1 1.FY21-0098.doc.jn EXHIBIT "B" FEE/COST SCHEDULE 2022 RATE SCHEDULE TEAM MEMBER HOURLY RATE COMPREHENSIVE PLANNING SERVICES Project Director/Advisor $190-$240 Principal Planner/Senior Project Manager $180-$210 Project Manager $150-$180 Senior Planner $135-$160 Associate Planner $115-$130 Assistant Planner $90-$115 Planning Technician $80-$95 ENVIRONMENTAL SERVICES Project Director/Advisor $190-$240 CEQA Project Manager $150-$180 Senior Environmental Planner $135-$160 Associate Environmental Planner $115-$130 BIOLOY/CULTURAL SERVICES Project Director/Advisor $180-$225 Senior Biologist $120-$150 Associate Biologist $90-$120 GIS GIS Analyst $95-$115 ADMINISTRATIVE SERVICES Technical Editor $85-$125 Administrative Support $65-$95 PROJECT DIRECTOR/ADVISOR Project Director/Advisor $190-$240 Administrative Support $150-$180 For regular business hours, Michael Baker will charge the following hourly rates for key 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 8 L.\ca\djm\Agreements\Michael Baker Agreement.PS-1 1.FY21-0098,doc.jn EMILY ELLIOT, AICP TAMARA HARRISON JON BRAGINTON RYAN MURPHY DAVID Project Manager/Principal Planner Senior Planner Senior Planner Associate Planner Associate Planner $170 $160 $135 $125 $115 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. 9 L.\ca\djm\Agreements \Michael Baker Agreement.PS-1 1.FY21-0098.doc.jn 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 V 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 commencmg the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) V 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 I 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 MICHAAEL B By Ta ya Bi R INTERNATIONAL, INC ian, Vice President 10 L.\ca\djm\Agreements\Michael Baker Agreement.PS-1 1.FY21-0098.doc.jn Date