HomeMy WebLinkAboutContracts & Agreements_78-2016 AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
This agreement for the provision of environmental consulting services (this "Agreement")
is made and entered into this I91 day of April, 2016, by and between the City of Redlands, a
municipal corporation (hereafter "City") and Tom Dodson and Associates (hereafter
"Consultant"), who are sometimes referred to herein individually as a "Party" and, together, as
the "Parties."
In consideration of the mutual promises contained herein, City and Consultant hereby
agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 Engagement of Consultant. City hereby retains Consultant to perform
professional environmental consulting services (the "Services") associated with City's
environmental review of a proposed 94,000 square foot commercial center on approximately
10.13 acres located west of Eureka Street, between the Interstate 10 Freeway and Stuart Avenue.
Project (the "Project") as set forth in the Scope of Work which is attached hereto as Exhibit "A"
and incorporated herein by this reference, and upon the terms and conditions described herein.
Consultant shall determine the method, details and means of performing the Services, including
Consultant's Sub-Consultant, LSA, and Consultant and said Sub-Consultant, shall perform the
Services to the best of its ability and with the skill, expertise and level of competency presently
maintained by other practicing professionals providing similar services in the industry.
Consultant and Sub-Consultant shall prepare all environmental documents required for the
Project by this Agreement in conformance with the California Environmental Quality Act
("CEQA") and the State and City's CEQA guidelines.
ARTICLE 2 - COMPENSATION
2.1 Compensation. As compensation for its performance of the Services, City shall
pay to Consultant an amount not to exceed Fourteen Thousand Nine Hundred dollars
($14,900.00) in accordance with the hourly rates and cost estimates of expenses contained in
Exhibit "A". This amount includes a not to exceed fee of Five Thousand Four Hundred dollars
($5,400.00) for traffic analysis to be prepared by Consultant's Sub-Consultant as provided 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.
ARTICLE 3 - INSURANCE AND INDEMNIFICATION
3.1 Consultant's Insurance - General Requirements. All insurance required by this
Agreement shall be maintained by Consultant for the term of this Agreement. Except for
Workers' Compensation and employer's liability insurance, City shall be named as an additional
insured for such policies and such insurance shall be primary with respect to City and non-
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contributing to any insurance or self-insurance maintained by City. The insurance policies shall
include provisions prohibiting cancellation of the policies except upon thirty (30) days prior
written notice to City. Consultant shall provide City with Certificates of Insurance and
endorsements evidencing such insurance prior to commencement of the Services.
3.2 Workers' Compensation and Employer's Liability. Consultant shall secure and
maintain Workers' Compensation and Employer's Liability insurance throughout the term of this
Agreement in an amount which meets statutory requirements with an insurance carrier
acceptable to City.
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3.3 Comprehensive General, Liability Insurance. Consultant shall secure and
maintain in force throughout the term 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.
3.4 Business Auto Liability Insurance. Consultant shall secure and maintain business
auto liability coverage, with minimum limits of one million ($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 to perform the Services, hired and non-owned
vehicles, and employee non-ownership vehicles.
3.5 Assignment and Insurance Requirements. 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. Assignment does not include
printing or other customary reimbursable expenses that may be provided for in this Agreement.
ARTICLE 4 - SCHEDULE, TERMINATION AND MISCELLANEOUS PROVISIONS
4.1 Schedules for Completion. The schedule for completion contained in Exhibit "B"
illustrates a time frame for document preparation that has been established by Consultant. City
and Consultant recognize that delays could occur for reasons outside the control of Consultant.
If this situation occurs, an extension of the due date for completion may be permitted by City.
4.2 Suspension. Consultant acknowledges that the developer of the Project is
obligated to fund all costs incurred by City under this Agreement and to cooperate with City by
providing information and data relating to the Project, and that the developer is required to make
periodic advance payments to City in connection with this Agreement. If the developer of the
Project fails to make any required payment to City, or if the developer fails to cooperate with
City by failing to provide City with information or data relating to the Project, Consultant
acknowledges that City shall have the right to require Consultant to suspend or cease work under
this Agreement without liability to Consultant.
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4.3 Termination. City may terminate this Agreement at any time, without cause, by
prior written notice to Consultant. Upon such termination, Consultant shall deliver to City all
documents, reports, materials and work of any nature pertaining to the Services to be performed
under this Agreement that are in the possession of Consultant or under its control. In such event,
Consultant shall be paid for the Services performed to the date of termination based on time and
reimbursable billings. The total sum paid to Consultant in the event of termination of this
Agreement shall not exceed the sum set forth in Section 2.1 hereof.
4.4 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless
and defend City, and its elected officials, officers, 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 intentional wrongful
act or omission of Consultant, and its officers, employees and agents, in performing the Services.
4.5 Independent Contractor. This Agreement is for the performance of professional
services to City and does not make the employees of Consultant employees of City for the
purpose of payroll deductions, unemployment insurance or any other benefits. Consultant shall
at all times during the term of this Agreement retain the status of an independent contractor.
4.6 Notices. 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: Consultant:
Robert D. Dalquest, Asst. Director Tom Dodson
Development Services Dept. Tom Dodson &Associates
City of Redlands 2150 N. Arrowhead Avenue
PO Box 3005 San Bernardino, CA 92405
Redlands, CA 92373
4.7 Nondiscrimination. During the performance of this Agreement, Consultant shall
not discriminate on the grounds of race, color, national origin, sex, sexual orientation or
disability, or any condition related thereto in the selection and retention of employees and sub-
consultants and the procurement of materials and equipment.
4.8 Ownership of Documents. The reports, drawing, maps and other documents
prepared under this Agreement by Consultant shall be and remain the property of City upon
compensation of Consultant for its Services.
4.9 _Attorneys' Fees. In the event any action is commenced to enforce or interpret the
terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and
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other,relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use
of in-house counsel by a Party.
4.10 Entire Agreement., This Agreement supersedes any and all other agreements,
either verbal or in writing, between the Pat-ties with respect to the matters contained herein. Each
Party to this Agreement acknowledges and agrees that no representations, inducements, promises
or agreements, verbal or otherwise, have been made by any Party, or anyone acting on behalf of
any Party, which are not embodied herein, and that no other agreement, stipulation or promise
not contained in this Agreement shall be valid or binding on either Party.
4.11 Books and Records. Consultant shall maintain books and accounts of all Project
related costs and all expenses. Books shall be available at all reasonable times for examination
by City at the office of Consultant.
4.12 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California,
4.13 No Third Parties Beneficiaries. This Agreement shall not be deemed to confer
any rights upon any third parties as beneficiaries of this Agreement (including, but not limited to,
the developer of the Project), nor obligate either of the Parties to this Agreement to any person or
entity not a Party to this Agreement.
4.14 Venue. In the event that any legal action should be filed by either party against
the other, the venue and forum for such action shall be the Superior Court of the State of
California for the County of San Bernardino or in the Federal District Court for the Central
District of the State of California. Each of the persons and entities who are shareholders or
partners of Owner also agree to this venue and forum and further agree that, if they are not
residents of California at the time of such actions, service of process may be rnade on them by
delivery via United States registered or certified mail.
CIT FR DLANDS P TOM DODSON & ASSOCIATES
-finA'- ToDodson
N. Enriqu Ar ez City N(fa er rn
Attest:
-M'a' nne Donaldson,
Deputy City Clerk
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Tom DODSON& ASSOCIATES
2150 N.ARROWBEAD AVENUE
SAN BERNARDINO, CA 92405
TEL(909)882-3612 - FAX(909)882-701.5
E-MAIL tda@tdaenv.com
March 3, 2016
Mr. Robert D. Dalquest, AICP, MAA
Assistant Director
Development Services Department
City of Redlands
P. O. Box 3005
Redlands, CA 92373
Dear Robert:
I deeply appreciate the opportunity to submit this proposal to assist the City of
Redlands (City) to comply with the California Environmental Quality Act(CEQA) for the
current iteration of the Redlands Promenade Project. The City has requested that Tom
Dodson &Associates (TDA) provide environmental consulting support to prepare the
appropriate level second-tier- environmental documentation for this Project. Based on
my review of the previous environmental documentation (Final Environmental Impact
Report Redlands Promenade, SCH #2005121029, June 2006 &Addendum to the
Redlands Promenade Final EIR, April 2007, LSA Associates, Inc.) TDA envisions
preparation of a second Addendum to the Final EIR, assuming the following findings can
be reached:
1. The City of Redlands and the applicant will provide sufficient traffic data (compiled in stages)to
document that the Implementation of the proposed +95,000 square foot commercial development
will not cause substantially different circulation system impacts on the existing circulation system
than were Identified within the Final EIR.
2. The 2006 FEIR for the Redlands Promenade Project did not include an analysis of Greenhouse
Gases/Cilmate Change(GHG)as currently required by CEQA. Our approach will be to provide a
forensic evaluation of GHG emissions In 2006 for the original project and then compare that to the
GHG emissions for the proposed project.
Otherwise, TDA will take the lead in compiling a detailed Addendum document that can
be used by the City as the appropriate environmental determination for the modified
Redlands Promenade Project. This will include a comprehensive Addendum that will
substantiate that the modified Project qualifies with the Addendum thresholds identified
in Section 15164 of the State CEQA Guidelines.
TDA anticipates a total of 40 hours of work effort, for a fee of$7,000 ($175/hour).
Since an Addendum does not require public circulation, direct costs are anticipated to
be minimal and are encompassed in the preceding fee proposal. The fee for compiling
the updated Air Quality/GHG evaluation is $2,500. TDA proposes to provide the above
support to the City for a fee not-to-exceed $9,504. If after completing the Addendum
the City concludes that an alternative CEQA process (such as an Initial Study/Mitigated
Negative Declaration) is required, we can revisit this proposal and cost estimate at that
time.
If this fee and the above proposal are acceptable to the City, please proceed to
establish a contract or purchase order for TDA to proceed. Should you have any
questions, please contact me. Again, thanks for the opportunity to provide assistance
to the City. My staff and I look forward to working with the City on this project.
Sincerely,
Tom Dodson
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OTHER OFFICES:
I-SA 951.781.9310 TEL IRVINE BERKELEY
1500, IOWA AVENUE, SUITE 200 95 1,78 1.4271 FAX IT. RICHMOND ROCKLIN
RIVERS�DE, CALIFORN�A 9ZS07 SAN LUdS OBISPO CARLSBAD
LSA PALM SPRINGS FRESNO
March 31, 2016
Mr. Tom Dodson,
Tom Dodson and Associates
2150 N. Arrowhead Avenue
San Bernardino, California 92405
Subject. Professional Services Proposal to Prepare a Traffic Due Diligence for the
Redlands Promenade Shopping Center
Dear Mr. Dodson:
LSA is pleased to provide you with this proposal for the preparation of traffic due
diligence memorandum for a proposed shopping center, located on the northwest corner
of the intersection of Eureka Street/Stuart Street in, the City of Redlands. Based on the
site plan dated December 7, 2015, the proposed project includes 56,296 square feet of a
major anchor tenant, 12,581 square feet of restaurant uses and 25,065 square feet of
other retail uses. The total square footage of the shopping center is proposed to be 93,942
square feet.
LSA had:: previously prepared a traffic study for the Redlands Promenade project in May,
2005. Since the previous version of the study is 11 years old, LSA anticipates that the City
will require a due diligence analysis to evaluate whether a new analysis needs to be
conducted for the proposed project.
SCOPE OF' WORK
The due diligence, analysis will include two tasks. Task 1 includes comparison of trip
generation between the previous project and the proposed project while Task 2 includes
comparison of peak hour traffic counts at study intersections that were analyzed in the
previous study. 'These tasks will be conducted to determine whether a new traffic study
will be required for the proposed project.
'Task 1: Trip Generation Comparison
A trip generation comparison table will be prepared which will compare the trip
generation between the previous project and the proposed project. It needs to be noted
that the previous project included a larger site plan compared to the proposed project,
The trip generation for the previous use will include the portion of the project site that is
being proposed to be developed as part of the current project, If the trip generation of
the proposed use is higher than the previous use, a traffic study may be deemed
necessary.
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ProposaC_TDA.docx
PLANNING ENVIRONMENTAL SCIENCES DESIGN
L$A
Task 2: Traffic Counts Comparison
Existing (2016) traffic counts will be obtained at all study intersections that were analyzed
in the previous analysis. These counts will be compared with the traffic counts that were
used in the previous analysis. If the current counts are higher than the previous counts
then a traffic study may be deemed necessary. LSA will consult with City staff to
determine whether the counts comparison will necessitate the preparation of a new
analysis.
The findings will, be summarized in a Due Diligence Memorandum that will be submitted to
the client for review and approval.
Work Products
All work products will be submitted to the client as electronic PDF files. If hard copies are
desired, they will be bitted on a time and materials basis.
SCHEDULE AND COST
LSA estimates that completion of the necessary analysis and preparation of the Due
Diligence Technical Memorandum will require approximately one week from receipt of all
data (traffic counts).
LSA proposes to accomplish this scope of work on an hourly basis consistent with the
attached billing rates and contract provisions. An estimated budget of $5,400 will be
required to accomplish the Due Diligence Memorandum. This amount will not be exceeded
without your prior authorization. This includes cost of counts, data collection, analysis
and preparation of the draft and the final due diligence memorandum.
Thank you for the opportunity to submit this proposal. If you have any questions, please
do not hesitate to contact me, at (951) 781-9310. 1 Look forward to working with you and to
the successful completion of this project.
Sincerely,
LSA ASSOCIATES, INC.
Ambarish Mukherjee, AICP
Associate/Senior Transportation Planner
Attachment: Schedule, of Standard Contract Provisions and Billing Rates
The above-stated terms re: Due Diligence Analysis for the Redlands Promenade Shopping
Center ($5,400 for Due Diligence) are hereby accepted and authorized
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L 5 A
THE ABOVE-STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED
CONSULTANT: CLIENT:
LSA Associates, Inc.
Authorized Signature Authorized Signature
Lynn Catvert-Hayes, AICD
Print Name Print Name
Principat
Title Title
March 31, 2016
Date Date
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