HomeMy WebLinkAbout23-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Agreement for Services with
Tom Dodson & Associates to
provide planning and
environmental consulting
services related to the San
Bernardino International
Trade Center.
Dept: Development Services
Date: March 9, 2004
ORIGINAL
MCC Mtg. of March 15,2004
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council adopt the resolution.
~ C. ~I#- r J1;:-
James Fu
Contact person: Volt.ri" Rn<<
phon,,' 1RJ ,0,7
Supporting data attached: Staff Report. Reso' Agreement
Ward: 1
FUNDING REQUIREMENTS: Amount: $50,000
Source: (Ace!. No.) 772-190-2301
(Arrt l)p,,"rnpt;n")
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Resolution of the City of San Bernardino authorizing the Mayor to execute an
Agreement for Services with Tom Dodson & Associates to perform planning and
environmental consulting services related to the San Bernardino International Trade
Center.
Mayor and Common Council Meeting of March 15,2004
BACKGROUND
In 200 I, Hillwood Investments asked the City to retain Tom Dodson & Associates to assist staff
in processing development applications at the San Bernardino International Trade Center.
Hillwood Investments was aware of Mr. Dodson's familiarity with the San Bernardino
International Trade Center Specific Plan and Environmental Impact Report, as well as the City of
San Bernardino in general. The City entered into an Agreement for Services with Tom Dodson &
Associates to provide planning and environmental services for various Hillwood projects. That
agreement was for a not to exceed amount of$24,500. With completion of the MatteI's project
last year, the agreement was completed also.
Hillwood Investments is contemplating the development of I to 2 million square feet of
warehouse/distribution facilities during 2004, and again desires the services of Tom Dodson &
Associates to provide planning and environmental services. Mr. Dodson's proposal is included as
an attachment to the Agreement for Services. Although Mr. Dodson's proposal is an estimate
based on previous Hillwood projects, staff would prefer that the Agreement for Services be for a
not to exceed amount. Staffs experience is that the developer is likely to request changes to the
plans and request additional meetings, which will increase Mr. Dodson's costs. Also, Hillwood is
contemplating another development project to the north of the Mattei's project, and staff
anticipates that Mr. Dodson would be retained to assist with that project.
FINANCIAL IMPACT
There is no cost to the City. Hillwood Investments will deposit the funding required to reimburse
Tom Dodson & Associates for the costs incurred. In addition, Hillwood Investments will also pay
the regular application processing fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution, which authorizes
the Mayor to execute an Agreement for Services with Tom Dodson & Associates to perform
planning and environmental consulting services.
Exhibit A Hillwood Investments Request Letter
B Resolution
Attachment A Agreement for Services
Attachment I Proposal from Tom Dodson & Associates
EXHIBIT A
1:1 HILLWOOD
iNVESTMENTS
A FERqr COMPANY
January 7, 2004
Mr. James Funk
Director, Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Funk:
As you are aware, HiIlwood/San Bernardino, LLC has executed a DDA with the IVDA to acquire and
develop commercial, industrial, and airport-related projects at the former Norton A.F.B. now known as
A11ianceCalifornia. We now intend to proceed with the permitting (i.e., DP-2 and DP-3) of
approximately I to 2 million square feet of warehouse/distribution uses during 2004, and we wish to
process those land use permits as quickly as possible once they are submitted. Market competition for
world-class companies is extensive in the Inland Empire, and timely delivery of buildings is always a
very important issue. You have made us aware that your staff shortages may affect the City's ability to
accommodate this request; therefore, we are willing to deposit funds with the City to retain outside
planning and environmental consultants to assist you.
In working with the IVDA and based on previous experiences during the Kohl's and Mattei projects,
we have learned that Tom Dodson has extensive knowledge of the IVDA and airport areas, as well as
the San Bernardino International Trade Center Specific Plan and EIR documents. Because of this
special skill and experience, we believe his firm would be uniquely qualified to assist the City. Valerie
Ross of your staff has indicated that she believes our Master Plan is within the scope of the Specific
Plan EIR, and Hillwood anticipates that Mr. Dodson, working with the City, can confirm this. In
addition, it is my understanding that Mr. Dodson has the resources to assist with the design review
aspects of the development project.
HiIlwood requests that the City retain Tom Dodson and Associates, on our behalf, to help the City
process our development applications as eXpeditiously as possible. We are prepared to deposit monies
over time with the City, on demand, up to and exceeding, if necessary, $30,000 in order to facilitate
this request.
Please alert me if you need more information from Hillwood regarding this issue or an upfront deposit.
Thank you for your attention to this matter.
Sincerely,
~
M. Lee IT, Jr.
Sr. Vice President
HiIlwood/San Bernardino, LLC
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RESOL~O~.~
RESOLUTION OF THE MAYOR AND COMMON COUNC1L OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH TOM DODSON & ASSOCIATES. TO PERFORM PLANNING AND
ENVIRONMENTAL CONSULTING SERVICES.
5 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERt"lARDINO AS FOLLOWS:
6
7
SECTION I. THAT THE MAYOR is hereby authorized to execute the Agreement for
8 Services (see Attachment "An and incorporated herein) with Tom Dodson & Associates to
9 perform planning and environmental consulting services for development applications submitted
10 by Hillwood Investments at the San Bernardino International Trade Center.
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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
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time of such full execution. No oral agreement, amendments, modifications or waivers are
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15 intended or authorized and shall not be implied from any act or course of conduct of any party.
16 SECTION 3. This resolution is rescinded if the parties to the Agreement fail to
17 execute it within sixty (60) days of the passage of the resolution.
18 III
19 III
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28 '110 .~:3
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1 RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH TOM DODSON & ASSOCIATES TO PERFORM PLANNING
2 AND ENVIRONMENTAL CONSULTING SERVICES.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
6 on the
day of
, 2004, by the following vote, to wit:
7
8
9
10
11
12 DERRY
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
13 KELLEY
o 14 JOHNSON
15 MC CAMMACK
16
17
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19
20
City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
21
Judith Valles, Mayor
City of San Bernardino
22 Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25
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26 BY:~~7~
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ATTACHMDll' A
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this _ 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,
8. WHEREAS, CONTRACTOR is competent and able to perform said services,
and,
C. NOW, THEREFORE, the parties hereto agree as follows:
I. CONTRACTOR shall furnish environmental consulting services to
CITY in accordance with Attachment I.
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
I.
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
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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.
7.
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.
8.
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 "0" 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 Liabilitv 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.
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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.
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AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and date first above shown.
o ATTEST:
o
Rachel Clark, City Clerk
Approved as to form
And legal content:
James F. Penman,
City Attorney
By: L _ "7 ~
tlq
Tom Dodson & Associates
By:
CITY OF SAN BERNARDINO
By:
Judith Valles
Mayor
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D2-17-04
11:42.~ From-Tom Ood5on " AssOCi.tl'
T-513 P 001/003 F-607
February 16. 2004
Ms. Valerie Ross
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
101 BBl 7015
TOM DODSON & AsSOCIATES
21~ON. ARROWHEAD AVENUE
SAN BERNARDINO, CA 92405
TEL (909) 882-3612 . FAX (909) 882-7015
E-MAIL tda@lstonramp.com
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A IT ACHMENT I
Dear Valerie:
I .
J deeply appreciate the opport nity to submit this proposal to the City of Sar Bernardino to assist the City
to comply with the California nvironmental Quality Act (CEQA) for the n~w Hillwood Westgate project.
Tom Dodson & Associates (T A) has prepared several previous environmental document for the City in
support of Hillwood warehou e structures at former Norton Air Forc;e Base. TDA proposes to provide
support for this project to co ply with CEQA. as outlined below.
I. SCOPE OF WORK
Task 1: Com ile the Initial St d
Working with the City, TDA '11 prepare an Inilial Study, using the City's Initial Study Environmental
Checklist Form. Based on 0 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 0 the City for review and approval.
Following final approval. of the nilial Study. TDA will assist the City to make a determination of whether this
project falls within the scope f the certified Environmental Impact Reportj(EIR) for the Specific Plan or
whether a different CEQA envi nmental determination is justified. This will include meeting with City Staff
to identify the major environm ntal issues of concern. At this point I am proceeding under the assumption
that a subsequent EIR will not e required, and that either a negative declaration or finding of being within
the scope of the original EIR ill be made. I anticipate a total of 60 hours effort to complete this task for
a fee of $8,500. I anticipate lh I the Inillal Study can be completed within about 30 days after authorization
to proceed. The above cost e timate is based on the applicant providing an updated traffic study.
Task 2: Finalize the Docume t and Process
TDA will meet with the City t determine whether any public circulation is required for Ihe document
compiied for this project. If a Negative Declaration is prepared, TDA will Iprint 50 bound copies of the
document for distribution and ill supporl the staff with appropriate distribl'.ltion. The fee for this task is
$2.500. If a finding is made t at the project is in the scope of the oliiinal EIR, then 20 copies will be
printed and made available fo City Staff use. The fee for this task is $2.000.
Task 3: Pre are Res onses t Comments and Attend Meetin s
If a Negative Declaration is d
Negative Declaration packag
I
tributeCl, TDA will develop responses to comments and provide a final
The fee for this task is estimated at $3,000, but will depend upon the
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~2-1 1-04
11:42am From-Tam Oodson & A'soclates
T-5il P.OOl/OOl F-S07
Ms. Valerie Ross
February 16. 2004
Page 2
iOi B81 7015
I
number of comments receive If internal review of the Initial Study is all that is required, TDA will attend
City meetings and respond t Staff comments to finalize the environmental document package for a fee
of $2,000. The end product 0 this effort will be a final, substantiated environmental document suitable for
use in making a decision on e project and issuing a Notice of Determination.
I
This concludes the descriptio of the scope of work and the tasks that will!be performed to deliver a final
environmental document to t e City of San Bernardino for use in making1a decision on Hillwood's new
Westgate project. TDA appre iates the opportunity to provide support fort~e City in the CEOA review and
ultimate approval of this pro ect. The scope of work outlined above will lead to a fully substantiated
environmental document to s pport a decision on the Hillwood project in the next few months. I believe
this is a reasonable schedule 0 comply with CECA and meet the City's objectives for the project. Should
you have any questions rega ding the above proposal, please feel free lo:give me a call.
Z'9~
Tom Dodson
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
San Rel'Dat'IIIIO
300 North '"D"' Street. San Bernardino. CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
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March 19, 2004
Tom Dodsdn
Tom DodsJn & Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
Dear Mr. Dodson,
At the Mayor and Common Council meeting of March IS, 2004, the City of San Bernardino
adopted Resolution 2004-80 - Resolution authorizing the Mayor to execute an agreement with
Tom Dodson & Associates to perform planning and environmental consulting services.
Enclosed is one (I) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Alln: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by May 14, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
J.
. .~ . /
C.(}j (((u,~L(<- / ,.r-
Michelle Taylor I
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
April I, 2004
TO:
Mary Freiberg, Senior Admin. Ops. Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-80 - Tom Dodson & Associates
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with Tom Dodson & Associates to perform
planning and environmental consulting services. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ex!. 3206.
- - -- -
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3-J5-0'-1 Item #
Vote: Ayes 3- 'I Nays-e-
Change to motion to amend original documents 0
23
Resolution #
2o:1t-gO
Abstain
Companion Resolutions
Absent 'J.--
Null/Void After: (00 days / 5 -, '-I-O~
Resolution # On Attachments: E1 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 3- lCo-O'-j
Date of Mayor's Signature: ~-, (,-0'-1
Date ofClerk/CDC Signature: 3-n-oq
Reso. Log Updated:
Seal Impressed:
fl
Q---'
:~ -\ C\ 'O~ Date Retumed: Lj -1-0'--1
2"d Reminder Letter Sent:
Not Returned: 0
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ./
Yes
Yes
Yes
Yes
No
No~
No-L-
No~
No /
By
By
By
By
B}j_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney ~ Finance fl Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0" Human Resources 0 Water Department 0
Others: 3
Notes:
Ready to File: _
Date:
Revised 12/18/03