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HomeMy WebLinkAbout2004-0801 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 201' 21' 22 23 24 25 26 27 28 RESOLUTION NO. 2004-80 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TOM DODSON & ASSOCIATES TO PERFORM PLANNING AND ENVIRONMENTAL CONSULTING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. THAT THE MAYOR is hereby authorized to execute the Agreement for Services (see Attachment "A" and incorporated herein) with Tom Dodson & Associates to perform planning and environmental consulting services for development applications submitted by Hillwood Investments at the San Bernardino International Trade Center. SECTION 2. This Agreement for Services shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreement, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of the resolution. 2004-80 1 2 3 4 5 6 7 8 11 12 13 14 15 16 17 18 211 25 26 27 28 RESOLUTION... AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TOM DODSON & ASSOCIATES TO PERFORM PLANNING AND ENVIRONMENTAL CONSULTING SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint regular meeting thereof, held on the 15 th day of March 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MC GINNIS x DERRY x KELLEY x JOHNSON x MC CAMMACK x x Cit Jerk x The foregoing resolution is hereby approved this %" day of March 2004. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: h Valles, Mayor of San Bernardino 2004-80 ATTACHMENT A AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 15i day of March 2004, by and between Tom Dodson & Associates ("Contractor") and the CITY OF SAN BERNARDINO ("CITY") for planning and environmental consulting services related to Hillwood Investments and the San Bernardino International Trade Center. WITNESSETH: A. WHEREAS, CITY has need for planning and environmental consulting services within the City and, B. WHEREAS, CONTRACTOR is competent and able to perform said services, and, C. NOW, THEREFORE, the parties hereto agree as follows: CONTRACTOR shall furnish environmental consulting services to CITY in accordance with Attachment 1. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $50,000, in accordance with Attachment 1. 3. CONTRACTOR shall provide the Director of Development Services with a monthly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of the statement. 4. The term of this agreement shall be from March 15, 2004 until the project(s) has been completed or until the amount of this Agreement has been expended. This Agreement may be canceled by two weeks written notice by either party. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expenses (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. 6. CONTRACTOR shall perform work tasks as directed by the Director of Development Services or his designee, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or 2004-80 employee of the CITY and, as such, shall not be entitled to any benefits, including but not limited to, medical insurance, retirement and workers' compensation. In the performance of this Agreement contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To the City: James Funk Director of Development Services 300 North "D" Street San Bernardino, CA 92418 To the Contractor: Tom Dodson Tom Dodson & Associates 2150 N. Arrowhead Avenue San Bernardino, CA 92405 Nothing in this paragraph shall be construed to prevent the giving of notices by personal service. 9. CONTRACTOR shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty (30) days written notice form the insurer to the City prior to cancellation of any insurance policy of the CONTRACTOR. A. Comprehensive General Liability and Automobile Insurance — The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance — The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 2. 10. Contractor shall maintain a duty of loyalty to the City notwithstanding that third parties may be paying for the costs of Contractor's services. Contractor shall not discuss or otherwise communicate with such third parties regarding Contractor's work under this Agreement unless directed to do so by the Director of Development Services or his designee. 2004-80 AGREEMENT FOR SERVICES IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. Tom Dodson & Associates By: T. CITY ( UA ATTEST: u-Q. A ck4",—/t_ Rach Clark, City Clerk Approved as to form And legal content: James F. Penman, City Attorney By: 02-17-04 11:42am From —Tom Dodson 8 Associates 2004-80 608 882 7015 T-503 P.002/003 F-607 February 16, 2004 Ms. Valerie Ross City of San Bernardino 300 North D Street San Bernardino, CA 92418 Dear Valerie: TOM DODSON & ASSOCIATES 2150 N. ARROArfIEAD AVENUE SAN BE:RNARDINO, CA 92405 TEL (909) 882-3612 • FAX (909) 882-7015 l H-MAIL tda@tstonramp.com ATTACHMENT I deeply appreciate the opport nity to submit this proposal to the City of San Bernardino to assist the City to comply with the California nvironmental Quality Act (CEQA) for the new Hillwood Westgate project Tom Dodson & Associates (T A) has prepared several previous environmental document for the City in support of Hillwood warehou a structures at former Norton Air Force Base. TDA proposes to provide support for this project to co ply wfth CEQA, as outlined below. SCOPE OF WORK Working with the City, TDA ll prepare an Initial Study, using the City''' Initial Study Environmental Checklist Form. Based on o discussions, I believe that we will be able to compile a summary project description based on the draw gs developed to date and discussions with City and Hillwood Staff. Based on our experience, the key is ues will be air quality and traffic for this project. When the Initial Study is completed, it will be delivered o the City for review and approval. Following final approval of the nitial Study, TDA will assist the City to make a determination of whether this project falls within the scope c f the certified Environmental Impact Reportj(EIR) for the Specific Plan or whether a different CEQA envi onmental determination is justified. This will include meeting with City Staff to identify the major environmf ntal issues of concern. At this point I am proceeding under the assumption that a subsequent EIR will not a required, and that either a negative declaration or finding of being within the scope of the original EIR will be made. I anticipate a total of 60 hours effort to complete this task for a fee of $8,500. I anticipate th It the Initial Study can be completed within about 30 days after authorization to proceed. The above cost a timate is based on the applicant providing an updated traffic study. TDA will meet with the City to determine whether any public circulation is required for the document compiled for this project. If a Negative Declaration is prepared. TDA will (print 50 bound copies of the document for distribution and ill support the staff with appropriate distribution. The fee for this task is $2.500. If a finding is made t iat the project is in the scope of the orn"W final EIR, then 20 copies will be printed and made available for City Staff use_ The fee for this task is $2,060. If a Negative Declaration is d tributeo, TDA will develop responses to comments and provide a final Negative Declaration packag The fee for this task is estimated at $3,000, but will depend upon the 02-17-04 11:42am From -Tom Dodson i Associates 2004-80 909 362 7015 T-593 P.003/003 F-607 Ms. Valerie Ross February 16, 2004 Page 2 number of comments receiv City meetings and respond 1 of $2,000. The end product i use in making a decision on This concludes the environmental document to t Westgate project. TDAappre ultimate approval of this pro environmental document to s this is a reasonable schedule you have any questions rega Siy�ncerely, oc'� Tom Dodson i 1. If internal review of the Initial Study is all that is required, TDA will attend Staff comments to finalize the environmental document package for a fee this effort will be a final, substantiated environmental document suitable for ie project and issuing a Notice of Determination. I i of the scope of work and the tasks that will!be performed to deliver a final ie City of San Bernardino for use in making! a decision on Hillwood's new :fates the opportunity to provide support forthe City in the CEQA review and ect. The scope of work outlined above wii lead to a fully substantiated ipport a decision on the Hillwood project in the next few months. I believe o comply with CEQA and meet the Uty's objectives for the project. Should ding the above proposal, please feel free to;give me a call.