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HomeMy WebLinkAboutReso RDA 11-1988 RESOLUTION NO. 11-88 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A CONSULTING AGREEMENT WITH EIP ASSOCIATES FOR THE ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT WHEREAS, by Resolution No. 8-88 the Redevelopment Agency directed that an official Redevelopment Plan and Environmental Impact Report (EIR) be proposed for the Downtown/Central Redevelopment Project; and WHEREAS, the Consulting firm of EIP Associates has been selected to do the EIR; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that it hereby approves of the Consulting Agreement and authorizes the Executive Director to execute an agreement in substantially the same fom as the attached Exhibit "1". I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the22n~ay of June , 1988, by the following vote: AYES: Boardmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago NOES: None ABSTAIN: None ABSENT: None /~;h~'man Redevel'm~ent Agency of the t~.~ATTEST: ~y of South Sari Francisco Redevelopment Agency of the City of South San Francisco CONSULTING AGREEMENT THIS CONSULTING AGREEMENT is made and entered into this 22nd day of June, 1988, by and between EIP ASSOCIATES, a California corporation, located at 319 Eleventh Street, San Franeiseo, California ("Consultant"), and The Rede.velopment Agency of the City of South San Francisco, located at 400 Orand Avenue, South San Francisco, CA 94083 ("Client"); WITNESSETH THAT, in consideration of the premises and covenants hereinafter set forth, the parties agree as follows: 1. Consulting Services. (a) Consultant agrees, during the term of this Agreement, to perform the consulting services set forth in Exhibit A relating to the preparation of the EIR for the Downtown/Central Redevelopment Project ("Report"). (b) In addition to the services described in Subparagraph (a) above, the parties may from time to time agree in writing during the term of this Agreement that Consultant shall perform additional services in connection with the Report or the Project. Such additional services may include, but are not limited to (i) changes in the services set forth in Exhibit A because of design changes in the Project; (ii) preparation of special detailed graphics; (iii) research and analysis in addition to the requirements therefor set forth in Exhibit A; (iv) additional studies or modifications of existing documents because of changes in any laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the Project; (v) attendance by Consultant at any public hearings concerning the Report; and (vi) preparation of responses to comments received with respect to the Report or any draft thereof for which charges for time and materials exceed the budgeted amount shown in Exhibit A. (c) Nothing in this Agreement shall operate or be construed to preclude or inhibit consultant from rendering similar services to any other person or entity. Consultant shall be obligated to devote only so much of its attention, skill and effort as may be reasonably required to perform the services described herein in a professional and 'timely manner. 2. Duties of Client. In order to permit Consultant to render the services required hereunder, Client shall, at its expense and in a timely manner, (i) provide such information concerning the Project as Consultant may require from time to time to Page I of 5 Pages EIP Form #108A enable Consultant to formulate a description of the Project for purposes of Consultant's study and evaluation; (ii) promptly inform Consultant of any pending or confirmed changes in the design of the Project; (iii)promptly review any and all documents and materials submitted to Client by Consultant for Client's comment in an effort to avoid unreasonable delays in the progress of Consultant's services; and (iv) promptly notify Consultant of any fault or defect in the Project in any way relating to the performance of Consultant's services hereunder. 3. Personnel. (a) Consultant agrees that it will employ, at its own expense, all personnel reasonably necessary in its discretion to perform the services required by this Agreement and in no event shall such personnel be the employees of Client. Ail of the services required hereunder shall be performed by Consultant or under its direction and all personnel engaged therein shall be fully qualified under applicable state, federal and local law to undertake the work performed by them. (b) In addition to personnel employed directly by Consultant, Consultant shall have the right to engage such subcontractors as it may deem necessary to the performance of its services hereunder with the prior approval of Client, which approval shall not be unreasonably withheld. 4. Coml~ensation. Client shall pay to Consultant an amount not to exceed the sum of $97,430 as consideration for the performance of the services set forth in Exhibit A. Such compensation shall be payable in the following manner: (i) A work retainer of $10,000 shall be paid to Consultant at the time Consultant commences the performance of services hereunder. Such work retainer shall be applied against the monthly statements described in Subparagraph (ii) below until exhausted. (ii) Client shall pay within thirty (30) days of receipt the amount set forth in monthly statements submitted to Client by Consultant describing in reasonable and understandable detail the services rendered, and fees charged and expenses incurred by Consultant during the previous month in accordance with the billing standards set forth in Exhibit B, including fees and expenses for additional services authorized by Subpara- graph (b) of Section 1 above. (iii) Upon Client's failure to pay within thirty (30) days of receipt the full amount set forth in any monthly statement submitted to Client by Consultant, said unpaid balance will bear interest at the rate of one (1) percent per month until the amount of said unpaid balance plus interest thereon shall be paid in full. If, for any reason whatsoever, the payment of any sums by Client pursuant to the terms of this Agreement Page 2 of 5 Pages will result in the payment of interest which would exceed the amount which Consultant may legally charge,Client under the laws of the State of California, the amount by whieh payment exceeds the lawful interest rate shall be automatically deducted from said unpaid balance or otherwise credited to Client's account, so that in no event shall Client be obligated under the terms of this Agreement to pay any interest which would exceed the maximum lawful rate. (iv) Consultant shall, at its sole discretion, have the right to suspend work on the services performed hereunder, if Client has any monthly statements as described in subparagraph (ii) above more than 60 days past due. Consultant shall reeommenee work upon payment of all statements then past due. 5. Time of Performance. Consultant shall eommence the performance of its serviees under this Agreement forthwith as of the date of execution thereof, and shall diligently proceed therewith in aceordanee with the schedule set forth in Exhibit C, subject to delays for causes beyond the reasonable control of Consultant or oecasioned by changes in the desig~ of the Projeet or the failure of Client to perform its obligations hereunder in a timely fashion. 6. Term. (a) The term of this Agreement shall commence as of the date first- above written and shall eontinue until the earliest to occur of the following: (i) the date on which Consultant notifies Client in writing that it has completed all of the services required hereunder;, or (ii) five (5) working days after written notice by either party of substantial failure by the other party to fulfill its obligations under this Agreement in a timely manner through no fault of the terminating party. (b) If this Agreement is terminated prior to the eompletion of Consul- tant's work, in addition to any other rights and remedies provided by law or under this Agreement, Consultant shall be entitled to eompensation for all services performed and costs incurred hereunder through and including the date of termination. ?. Ownershilu of Documents. Consultant agrees to return to Client upon termination of this Agreement all documents, drawings, photographs and other written or 'graphic material, however produced, reeeived from Client and used by Consultant in the performance of its services hereunder. All work papers, drawings, internal memoranda of any kind, photographs and any written or graphic material, however produced, prepared by Consultant in connection with its performance of services hereunder shall be, and shall remain after termination of this Agreement, the property of Consultant and may be used by Consultant for any purpose whatsoever. Page 3 of 5 Pages 8. Independent Judgment. Client understands and acknowledges that the preparation and presentation of the Report may invite criticism, controversy and litigation which may be motivated by public or private opposition to the Project although based on the adequacy or accuracy of the Report. Client agrees that any such criticism, controversy or litigation with respect to the Report will not cause Client to withhold payments due to Consultant hereunder or be the basis for any suit, action, request for indemnification or other claim by Client against Consultant. Client further ag~-ees that the failure of Client or any governmental agency or third person to agree with the Report or the findings, conclusions or recommendations contained therein shall not be construed as a failure on the part of Consultant to perform its obligations under this Agreement. 9. Litigation. In the event that either party brings an action under this Agreement for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment. 10. Notices. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth above or to such other address as either party shall have previously designated by such a notice. Any notice so delivered personally shall be deemed to be received on the date of deliver~, and any notice so mailed shall be deemed to be received five (5) days after the date on which it was mailed. 11. Waivers. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. 12. Modification. No waiver, alteration, modification or termination of this Agreement shall be valid unless made in writing. 13. Assignment. Neither party shall assign, transfer or otherwise dispose of this Agreement in whole or in part to any individual, firm or corporation without the prior written consent of the other party. Subject to the provisions of the preceding sentence, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the parties hereto. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the ~tate of California. 15. Counterparts. This Agreement may be executed in one or more counter- parts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. Page 4 of 5 Pages 16. Further Assurances. The parties agree to have executed any and all documents and take.any and all actions which may be necessary or advisable to effectuate the purposes of this Agreement. 17. Captions. The headings or captions to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construe,ion or interpretation of any part thereof. 18. Severability. If any term, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect. 19. Indemnification. The Consultant agrees to defend, indemnify and hold harmless the Client, its officers and employees, from and against any and all liability, claims, suits, loss, damages~ costs and expenses arising out of or resulting from any negligent acts, errors or omissions of the Consultant, and its officers, employees, agents in the performance of their services under the Agreement. 20. Entire Agreement. This Agreement sets forth the entire understanding between the parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, letters of understanding or other promises, whether oral or in writing. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first-above written. "Consultant" "Client" EIP ASSOCIATES, CITY OF SOUTH SAN FRANCISCO a California corporation a municipality / JOhh Davis v~e~"~e President Executive Di rector Redevelopment Agency ATTEST: .~'~Z_~/,.c~.//" ,~.~ C1 erk, Redevelopment Agency Page 5 of 5 Pages .... EXHIBIT A DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT EIR BUDGET ESTIMATE Total costs through preparation and delivery of the Final EIR are estimated to be a maximum of $97,430. This cost includes data gathering and analysis, printing of the Preliminary Draft, Draft and Final EIRs, meetings with agencies and City staff and attendance by the project manager and appropriate technical staff at public hearings. The scope of work for the project is contained within the Proposal to Prepare Environmental Impact Report, Downtown/Central Redevelopment Project, June 15, 1988. Factors that could increase the scope of work and estimated cost outlined below include: attendance at additional public hearings; printing of additional copies of maps or reports; analysis of key issues in addition to those identified in this proposal; extensive generation of original data beyond that described in this proposal; major changes in the project requiring reanalysis or rewriting of report sections; and comments on the Administrative Draft or Draft EIR requiring more time than budgeted. The following outline is a breakdown of project costs; the identified costs are valid for a period of 60 days from the date of this submittal. EIP labor costs are based on our standard hourly billing rates, which are noted in the cost breakdown. Hrs. Rate ~ Total $ TASK 1: INITIAL CONSULTATION AND SCOPING MEETING 8 $75 $ 600 (F&P) 4 S0 320 TASK 2: DEFINE THE PROJECT AND ITS ALTERNATIVES 12 75 900 TASK 3: REVIEW DATA, INVESTIGATE PROJECT SITE AND DETERMINE EXISTING CONDITIONS 16 65 1,040 TASK 4: PROGRESS MEETINGS 8 75 600 TASK 5: ANALYZE PROJECT IMPACTS (Cost included in Task ~/below) ...... 134.88 A-1 Hrs. Rate ~ Total $ TASK 6: FORMULATE AND EVALUATE MITIGATED ALTERNATIVE (Cost included in Task 7 below) ...... TASK 7: PREPARE ADMINISTRATIVE DRAFT EIR 1. SUMMARY 8 65 520 2. PROJECT DESCRIPTION~ 4 75 300 3. SETTING, IMPACTS AND MITIGATION MEASURES 3.1 Transportation, Circulation and Parking 30,4101 178 80 -- 184 45 -- 154 35 -- 250 10 -- 3.2 Land Use and Plan Consistency (F&P) 40 45 1,800 3.3 Housing, Employment and Population 60 60 3,600 3.4 General Relocation Impacts 24 60 1,440 3.5 Geology, Soils and Seismicity 50 60 3,000 3.6 Hydrology and Water Quality 40 60 2,400 3.7 Toxic Wastes (ATT) 4,940 3.8 Noise 30 60 1,800 3.9 Air Quality 20 60 1,200 3.10 Public Services and Utilities 60 60 3,600 3.11 Public Improvement Projects 26 60 1,560 3.12 Energy 20 45 900 3.13 Aesthetics/Light and Glare 28 45 1,260 3.14 Cultural Resources 14 45 630 3.15 Vegetation and Wildlife 52 60 3,120 3.16 Other Issues 24 60 1,440 63,100 4. GROWTH INDUCEMENTS 16 65 1,040 5. UNAVOIDABLE, SIGNIFICANT ADVERSE IMPACTS 8 65 520 6. ALTERNATIVES 16 65 1,040 PRODUCTION AND MANAGEMENT Graphics Preparation 40 35 1,400 Word Processing 44 35 1,540 Editing 16 35 560 Legal Review 6 115 690 Production 12 35 420 Pro]ect Management 32 75 2,400 7,010 Total Task 7 73,530 134.88 A-2 TASK 8: PREPARE DRAFT EIR EIP 36 75 2,700 F&P 12 80 960 23 45 1,035 4,695 TASK 9: ATTEND FOUR HEARINGS EIP 16 75 1,200 F&P_ 16 80 1,280 2,480 TASK 10: PREPARE FINAL EIR EIP 60 65 3,900 F&P 6 80 480 23 45 1,035 5,415 EXPENSES Administrative Draft EIR EIP 1,300 F&P 1,850 Draft EIR (includes printing) EIP 2,600 F&P 150 Final EIR (includes printing) EIP 1,700 F&P 250 Total Expenses 7,850 PROJECT TOTAL $ 97,430 152,400 added to include one additional multi-model transit center site. 134.88 A-3