HomeMy WebLinkAbout12-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Agreement for Services with
Tom Dodson & Associates to
provide environmental
consulting services.
Dept: Development Services
Date: September 9,2003
ORIGINAL
MCC Mtg. of October 6,2003
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt resolution.
-YdW-v 0J?~# rJr:--
James F
Contact person: Jom". Flink
phon". ,R<1 ~O~7
Supporting data attached: StaffRt:port. Reso. Agreement
Ward: 4
FUNDING REQUIREMENTS: Amount: $41,000
Source: (Acct. No.) 772-190-2301
(A~rt Dpc:!f'rlptlnn)
Finance:
Council Notes:
~d: 20:>3- "2..(,G,
Agenda Item No.
jr:JJ
10/&;/63
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 environmental
consulting services.
BACKGROUND
The Mayor and Common Council authorized the Water Department and Economic Development
Agency to negotiate with Watson and Associates regarding development of approximately 144
acres located at the northeast corner of the intersection of Foothill Drive and Sterling Avenue.
Watson & Associates called Development Services to get the names of qualified environmental
consultants to prepare various studies required for the environmental review process. Staff
suggested that Watson & Associates contact Tom Dodson & Associates and Lilburn
Corporation, both of which are located in the City. Staff also suggested LSA, located in
Riverside. All three firms have expertise with local and regional planning and environmental
issues, and all have excellent reputations.
Watson & Associates ultimately decided to retain Tom Dodson & Associates, and to have the
firm prepare the Initial Study as required through the California Environmental Quality Act.
After further discussions, it was determined that it would be more appropriate for Tom Dodson
& Associates to work directly for the City.
Mr. Dodson submitted a proposal for preparation of the Initial Study, and other related
environmental documents. His estimate to complete the tasks outlined in the proposal is $41,000
with an assumption that a Mitigated Negative Declaration will be the applicable environmental
determination. If it is determined during the environmental review process that an Environmental
Impact Report will be required, staff will return to the Mayor and Common Council with a new
proposal to prepare the EIR.
FINANCIAL IMPACT
There is no cost to the City. Watson & Associates will deposit the funding required to reimburse
Tom Dodson & Associates for the costs incurred. In addition, Watson & Associates will also pay
the regular application processing fees.
RECOMMENDATION
Adopt Resolution.
Exhibit A Resolution
Attachment A Agreement for Services
Attachment I Proposal from Tom Dodson & Associates
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION ~ ~ f1f
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 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
Environmental Consulting Services (see Attachment "1" and incorporated herein) with Tom
Dodson & Associates regarding a proposed subdivision on approximately 144 acres located
northeast of the intersection of Foothill Drive and Sterling Avenue.
SECTION 2. This Amendment 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
14
15 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
20
21
22
23
24
25
26
. 27 i(~
28
/O/fR /03
.'
.
.
.
1 RESOLUTION...AUTHORIZING THE
AGREEMENT WITH TOM DODSON &
2 ENVIRONMENTAL CONSULTING SERVICES.
3
4
5
6
MAYOR TO
ASSOCIATES
EXECUTE AN
TO PERFORM
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2003, by the following vote, to wit:
7 Council Members:
AYES
NAYS
8
9
10
ESTRADA
LONGVILLE
11 MC GINNIS
12 DERRY
13 SUAREZ
14 ANDERSON
15 MC CAMMACK
16
17
18
19
20
21
22 Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25
The foregoing resolution is hereby approved this
26
27
28
./~
ABSTAIN ABSENT
City Clerk
day of , 2003.
Judith Valles, Mayor
City of San Bernardino
.
.
.
AGREEMENT FOR ENVIRONMENT AL CONSULTING SERVICES
This AGREEMENT is made and entered into this _ day of October 2003, by and
between Tom Dodson & Associates ("Contractor") and the CITY OF SAN BERNARDINO
("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for environmental consulting services within the
City and,
B. WHEREAS, CONTRACTOR is competent and able to perform said services,
and,
NOW, THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish environmental consulting services to
CITY regarding a proposed subdivision on approximately 144 acres
located northeast of the intersection of Foothill Drive and Sterling
Avenue, in accordance with Attachment A.
2.
Over the term of this Agreement, CONTRACTOR shall be paid for such
services an amount not to exceed $41,000, in accordance with Attachment
A.
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 ofthe statement.
4. The term of this agreement shall be from October 6,2003 until October 6,
2004, or until completion of the project, whichever is first. This
Agreement may be terminated 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
.
.
.
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.
CONTRACTOR understands and agrees that as the City's environmental
consultant, CONTRACTOR shall maintain a duty of loyalty to the City
in performing CONTRACTOR'S obligations under this Agreement.
CONTRACTOR shall not meet, discuss, or otherwise communicate with
any proposed developer ofthe subject property or with any oftheir
employees, agents, contractors, or consultants, without the express
authorization by the Director of Development Services or his designee.
8.
In the performance ofthis Agreement CONTRACTOR shall not
discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
9.
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.
10. 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.
.
.
.
L_. ____
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.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and date first above shown.
Date:
Tom Dodson & Associates
By:
ATTEST:
Rachel Clark, City Clerk
Approved as to form
And legal content:
James F. Pemnan,
City Attorney
CITY OF SAN BERNARDINO
By:
Judith Valles
Mayor
ATTACHMENT 1
It
.
TOM DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE
SAN BERNARDINO, CA 92405
TEL (909) 882-3612 . FAX (909) 882-7015
E-MAIL tda@tstonramp.com
~-.
August 11, 2003
Ms. Valerie Ross
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
[lli[g@rnowrnlQJ
,'\!jr: I j 2003
Ci";-'{ :\:- SAN 8EilNARD!NO
t):":\'E.~.OP;\';C~JT SERVICES
'l.lENT
Dear Valerie:
I was recently contacted by Mr. Charles Shumaker, a representative of Watson & Associates (Watson),
regarding the provision of environmental consulting support for an approximate 144-acre parcel of land
located northeast of the intersection of Foothill Drive and Sterling Avenue. To determine the best way to
provide consulting support, Mr. Shumaker and I conferred with James, and he indicated that he would
prefer Tom Dodson & Associates (TDA) to work directly for the City as an independent contractor rather
than for Watson. In accordance with this discussion, I am submitting this proposal to the City to assist with
compliance with the California Environmental Quality Act (CECA) for the development of a 107 lot single-
family residential subdivision on this property. After conferring further with Mr. Shumaker, TDA submits
the following letter proposal for providing the support to the City for compliance with CEQA on this project.
The proposal outlined below has a number of assumptions that need to be taken into consideration for the
environmental process to be fulfilled.
. TDA proposes to provide support for this project to comply with CEQA in two stages, as outlined below.
We will prepare a detailed Initial Study to assist the City in determining whether a Negative Declaration or
an environmental impact report (EIR) will be required. This proposal assumes that a Negative Declaration
will be prepared, but if the data indicate the need to prepare an EIR we will submit a follow-on proposal
to carry out such a process. TDA will work closely with the City to make this decision based on the
substantiation contained in the Initial Study.
I. SCOPE OF WORK
Task 1: Camoile the Initial Studv
-
Working with the City and Watson, TDA will prepare an Initial Study, using the City's Initial Study
Environmental Checklist Form. Based 0-" our discussions, I believe that we will be able to compile a
summary project description using available data. To support the Initial Study, I believe that the following
technical studies will be required. Below, I outline those studies which TDA will prepare and those which
will be submitted by Watson for independent review by TDA and City Staff.
.
aesthetics (visual representations and cross-sections of the graded pads will be provided by the
applicant)
air quality (TDA will evaluate criteria emissions, toxic air contaminants and odor non-criteria
emissions),
hydrology (both drainage and water quality issues will be addressed by the applicant),
biological resources (TDA will conduct both general biology and protocol surveys),
cultural resources (TDA will oversee preparation of archaeology and paleontology studies),
geology and soils (applicant will provide study)
traffic (applicant will provide study)
.
.
.
.:
.
hazards/hazardous materials (applicant will provide Phase I investigation), and
noise (applicant will provide study)
TDA will prepare all other sections of the Initial Study. These studies will need to be completed in order
to comply with the CEOA process, regardless of the type of environmental document that is ultimately
.comPiled and distributed for public review. Fee estimates for the above technical studies for which TDA
will be responsible are discussed below.
.
When the Initial Study is completed, it will be delivered to the City and the applicant for review. The
applicant can verify the accuracy of the project description and the City Staff can perform an independent
review of the document. Once it is finalized, it can be distributed by the City for public review if a Negative
Declaration is indicated, or the Initial Study can be used to prepare a Notice of Preparation if an EIR is
indicated.
The following are preliminary estimates of the costs for preparing the technical studies and Initial Study
to support this environmental review process.
a. Air Ouality: $3,500
b. Biological Resources: $15,000
c. Cultural Resources: $8,500
d. Initial Study: $7,500
Total TDA cost estimate to complete the Initial Study draft: $34,500.
Task 2: Finalize and Distribute the Initial Studv and ProDosed Neaative Declaration
Working with City Staff, TDA will prepare documentation to implement the appropriate CEQA
environmental determination when the Initial Study is completed. Based on the size and type of project,
it is anticipated that a Negative Declaration (NO), with some mitigation measures, will be the likely CEQA
e:;nvironmental determination. If an environmental impact report is required, TDA will further confer with
the City to prepare such a document. The remainder of this proposal assumes that a NO is the appropriate
CEQA determination. The Initial Study document!ition prepared by TDA will be sufficient to meet the
above CEOA determination. All final decisions on the appropriate CEOA procedure will, of course, reside
with City, and TDA will serve solely as an advisor regarding the appropriate CEOA procedure for these
projects. The fee for finalizing the Initial Study, printing 50 copies of the Negative Declaration package
and assisting the City with appropriate procedural steps is $1,800. .
Task 3: Processina the Neaative Declaration
TDA will coordinate the CEOA procedural compliance process with City Staff. TDA will respond to all
comments, prepare the Mitigation Monitoring and Reporting Program and prepare a final Negative
Declaration package for consideration by City decision-makers. The fee for assisting in the processing
of the CEOA determination with a NO will be $3,200. If the District receives an extraordinary number of
comments (more the 50 specific comments) due to controversy over the project, the fee will be increased
to $4,400. The final product of this task is the filing of the Notice of Determination.
Task 4: Attend Meetina and Hearinas
TDA will attend all meetings and hearings that are required to achieve adoption of the Negative Declaration
for the project. TDA assumes 12 hours of formal meetings (two meetings at six hours each). All meetings
with staff as part of the preparation of the environmental documentation are included in the cost estimate
for each task. Note that there is no limit on the number of these meetings with staff. We make a
commitment to be available to the City within one day of a request by Staff to meet. Tom Dodson will keep
.
2
;this commitment, barring some unforeseeable constraint. Tom Dodson will be available to attend meetings
and formal hearings at a billing rate of $125/hour, or $1,500 for this task.
This concludes the description of the scope of work and the tasks that will be performed to deliver a
Mitigated Negative Declaration for the City to adopt for the proposed Watson project.
. II.
SCHEDULE
TDA will complete the Initial Study within 20 days following completion of the last technical report from
Watson. The longest study is a coastal California gnatcatcher protocol field survey which will take 18
weeks to complete, plus two weeks to complete the technical report. Following delivery of the draft Il)itial
Study to the City, the schedule will become dependent upon City schedules and mandatory review periods.
III. TOTAL FEE
Total estimated fee for performing all of the above tasks is $41,000.00, excluding the fee for preparing a
statement of overriding considerations which is an optional task.
IV. CONCLUSION
All of the work effort outlined above will be performed in a timely manner to meet identified City objectives
for this project. Tom Dodson will manage this Initial Study and will be the primary author on this document.
In compiling and submitting invoices to the District, TDA will carry out the above tasks on a fixed fee basis,
except where circumstances beyond either TDA's or the City's control require work beyond the scope
outlined above. If an increase above the fee outlined above is anticipated for this project, TDA will obtain
concurrence from City before exceeding the fee outlined abOVe. TDA will submit invoices to the City at the
end of each month for work and direct expenditures completed within the previous 30 days. TDA requests
payment within 30 days of submitting such invoices.
. If this proposal is acceptable to the City, TDA is ready to initiate the work effort immediately upon
authorization. Authorization by purchase order or contract, based on this scope of work, is acceptable to
TDA. This work effort will be scheduled closely with the City's Staff. The deliverable prodUct for the
proposed project will be the completed and substantiated Initial Study that Tom Dodson will process
through the City in close coordination with the City Staff. Should you have any questions regarding this
proposal, please feel free to give me a call.
SiZ;'9~
Tom Dodson
cc: Charles Shumaker
.
3
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
October 9, 2003
Mr. Tom Dodson
Tom Dodson & Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
Dear Mr. Dodson,
At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino
adopted Resolution 2003-266 - Resolution authorizing the Mayor to execute an agreement with
Tom Dodson & Associates to perform environmental consulting services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be nnll and void if not executed
within 60 days, or by December 5, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
0t (C~l(( .:4J(~
c
Michelle Taylor
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:
October 14, 2003
TO:
James Funk, Director of Development Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-266 - Tom Dodson & Associates
CC:
Mary Freiberg, Admin. Operations Supv., Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with Tom Dodson & Associates for
environmental consulting services. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
,,".' '",,"
} .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I 0 -(",-03 Item #
Vote: Ayes 1-'1 Nays ~
Change to motion to amend original documents:
1'2..
Resolution #
Abstain h
2003 - zu"
Absent -B-
Reso. # On Attachments: L- Contract term: -
Note on Resolution of Attachment stored separately: -=:-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: I () - 'j -03
Date of Mayor's Signature: I D-'6-o'3
Date of Clerk/CDC Signature: I 0 - l( -~'S
NullNoid After: (.,1:::,
Oc.'P ) \"2.--0-03
(
By: -
Reso. Log Updated: ~
Seal Impressed: ..--
Date Memo/Letter Sent for Signature: 10 -'Cr -D-::'::,
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ~ Date Returned: /0-1'1-63
See Attached:
See Attached:
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):
Copies Distributed to:
City Attorney /
Parks & Rec.
./
Code Compliance Dev. Services
Police Public Services
Water
Notes:
Yes 0/ No By
Yes No -L- By
Yes No V By
-
Yes No / By
Yes No ,/ By
EDA
Finance .........
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: _
Date:
Revised 01/12/01