TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: JUNE 21, 2005
SUBJECT: AWARD OF CONTRACT FOR SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE CRESTRIDGE ESTATES SENIOR HOUSING/SENIOR CENTER PROJECT.
Staff Coordinator: Eduardo Schonborn, AICP, Associate Planner
Authorize the Mayor and the City Clerk to sign a professional services agreement in an amount not to exceed $142,730.50, with RBF Consulting, to prepare an Environmental Impact Report (EIR) for the Crestridge Estates Senior Housing/Senior Center Project on property located at the northwest corner of Crestridge Road and Crenshaw Boulevard.
On May 7, 2002, the City Council conducted a joint workshop with the Planning Commission and Finance Advisory Committee for the purpose of reviewing competing development concepts for two vacant parcels along Crestridge Road, one of which is owned by the City’s Redevelopment Agency. At the September 17, 2002 City Council meeting, the City Council selected a concept proposed by Standard Pacific, which involved age-restricted condominiums, a senior center and a passive park, and directed Standard Pacific to submit applications for their proposed project. Applications for the proposed project were submitted to the City on January 9, 2003. After a preliminary review by the Planning Department, the applications were deemed incomplete on February 6, 2003.
In August 2003, the City was informed by a representative of Standard Pacific that Standard Pacific was no longer pursuing development of the project and that the property owner (Crestridge Estates LLC) was looking for other developers to proceed with the proposed senior housing/seniors center/passive park project. In January 2004, City staff was notified by the property owner’s representative that the property owner still intended to move forward with the conceptual project presented to the City Council at the May 7, 2002 workshop, although a new developer had not yet been identified. On December 17, 2004, a revised project was submitted to the City. The revised project reduced the number of proposed condominium units to 95, with all other aspects of the project remaining the same. On April 25, 2005, the project applications were deemed complete, and on May 25, 2005, the City completed its preliminary environmental review of the project and determined that the preparation of a Focused EIR would be necessary to comply with the requirements of the California Environmental Quality Act (CEQA). The City Council is now being asked to approve the contract with the EIR consultant so that preparation of the project’s EIR can begin.
The proposed Crestridge Estates Senior Housing/Senior Center project is located on a site measuring a total of 29.39 acres at the northwest corner of Crenshaw Boulevard and Crestridge Road. The site is comprised of a 19.63-acre parcel owned by the City of Rancho Palos Verdes Redevelopment Agency and a 9.76-acre parcel that is owned by Crestridge Estates, LLC. The proposed Project includes three (3) planning areas: Area A involves a 16.76-acre open space area; Area B includes a 9,000 square foot Senior Center on 2.05 acres; and, Area C is a 10.58-acre area to be developed with 95 multi-family residences that are restricted to seniors that are age 55 and older, and a passive park
Although a residential developer has not been formally selected, the property owner (Crestridge Estates LLC) is in the process of negotiating with a prospective developer. Nonetheless, Crestridge Estates LLC is seeking to move forward with obtaining a consultant to prepare the required EIR. As a result, Staff requested a proposal from RBF Consultants, a consulting firm that has prepared previous EIRs for projects within the City, such as the completed Long Point EIR project and the Administrative Draft EIR for the Marymount College expansion.
On June 14, 2005, RBF Consultants submitted the attached proposal for services in preparing the Crestridge Estates Senior Housing/Senior Center project EIR. The total cost provided by RBF Consultants for preparing the EIR is $129,755, which is augmented by 10-percent administrative fee to cover City administrative costs. Thus, the resulting total amount will be $142,730.50, which has been reviewed and agreed to by the project applicant.
Staff recommends that the City Council authorize the Mayor and the City Clerk to sign a professional services agreement in an amount not to exceed $129,755.00, with RBF Consulting, to prepare an Environmental Impact Report (EIR) for the Crestridge Estates Senior Housing/Senior Center Project on property located at the northwest corner of Crestridge Road and Crenshaw Boulevard.
The preparation of an EIR for the proposed Crestridge Estates Senior Housing/Senior Center Project will not directly impact the City’s General Fund nor will it have a fiscal impact to the City in that the project applicant will incur all costs associated with the preparation of the EIR, including a 10-percent City administrative cost.
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement
Les Evans, City Manager
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is executed this 22nd day of June 2005, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and RBF Consulting (hereinafter called "CONSULTANT").
WHEREAS, the CITY has deemed complete applications from Crestridge Estates, LLC, for the Crestridge Estates Senior Housing/Senior Center Project located on a site measuring a total of 29.39 acres at the northwest corner of Crenshaw Boulevard and Crestridge Road, which is comprised of a 19.63-acre parcel owned by the City of Rancho Palos Verdes Redevelopment Agency and a 9.76-acre parcel that is owned by Crestridge Estates, LLC. The proposed Project includes three (3) planning areas: Area A involves a 16.76-acre open space area; Area B includes a 9,000 square foot Senior Center on 2.05 acres; and, Area C is a 10.58-acre area to be developed with 95 multi-family residences that are restricted to seniors that are age 55 and older, and a passive park; and,
WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and CITY'S Local Guidelines require the preparation of an Environmental Impact Report (EIR) for the proposed project; and,
WHEREAS, CONSULTANT represents that it is professionally qualified and able to prepare the necessary Environmental Documentation in compliance with the applicable state laws and state, local guidelines, and in a format consistent with CEQA requirements.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONSULTANT'S Services. Consultant shall perform professional services by preparing Environmental Documentation for the proposed project as set forth in the "Proposal", attached hereto as Exhibit "A" and made part hereof by reference, including the following services:
(a) CONSULTANT, shall prepare, under consultation with the CITY, the following for the proposed project; (1) an Initial Study, (2) a Notice of Preparation (3) a Draft EIR, (4) a Response to Comments on the Draft EIR, (5) a Final EIR, (6) a Mitigation Monitoring and Reporting Program, (7) a Statement of Overriding Consideration (if necessary), and (8) a Notice of Determination as specified in Section II of Exhibit ‘A’.
The EIR shall be prepared in compliance with the "Scope of Work" attached as Section II of Exhibit ‘A’ and shall contain all items required by CEQA (as amended), the State Guidelines, and CITY'S Local CEQA Guidelines.
(b) When requested, CONSULTANT shall attend and participate in meetings with CITY staff as well as Public Hearings, which are necessary for the preparation and completion of the environmental documentation. Any meeting for which CONSULTANT is requested to attend by CITY beyond the number of meetings identified in Section II of Exhibit ‘A’, CONSULTANT shall be compensated on a time and materials basis at the rates set forth in the "Budget" contained in Sections IX and X of Exhibit ‘A’, which is attached hereto and incorporated herein by reference.
(c) CONSULTANT shall supply CITY with the deliverables described in the "Scope of Work" attached as Exhibit ‘A’, including the following documents for the proposed project:
(d) All reports, information, data and exhibits prepared or assembled by CONSULTANT or any subconsultants in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public, and CONSULTANT agrees that they shall not be made available to any individual or organization without prior written consent of the CITY prior to such release. All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY. All charts, tables, figures, and maps, which are prepared with computer-based mapping or spreadsheet programs, shall be provided to CITY in their original formats.
(e) CONSULTANT shall respond to those comments raised by CITY staff's review of the documents in order to facilitate completion thereof. Consultant shall also respond to all comments from the public, responsible agencies, and/or other interested parties regarding the EIR. Letters identifying the response shall be sent to each commenting party.
(f) This agreement and the scope of work to be performed by CONSULTANT may only be amended in a written document executed by both of the parties to this agreement.
Section 2. Time of Performance. CONSULTANT shall timely perform the services described above as shown in the schedule within the attached Section III of Exhibit ‘A’.
Section 3. Compensation. CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept in full satisfaction for the services provided for hereunder, a fixed fee not to exceed $129,755.00 for the EIR, which includes all labor and subconsultant costs, as described in the "Budget" contained within the attached Section X of Exhibit ‘A’. In addition, this fixed fee shall include all expenses for printing, word processing, delivery, fax, phones, mileage, etc. Prior to printing of any documents, CONSULTANT shall verify with CITY the total number of documents to reproduce.
Not included in this fixed fee are expenses incurred for attending meetings beyond those specified in Section 1(b) of this contract; analysis of key issues in addition to those identified within the attached Section II of Exhibit ‘A’, changes in the project description, plans, or scope of work requiring additional work; and printing additional copies of any document beyond the number of copies specified in Section II of Exhibit ‘A’.
The actual costs of CONSULTANT'S services and expenses shall be itemized on the Invoice form, and CITY shall pay CONSULTANT for said undisputed services and expenses. Payments shall be made based upon Consultant's monthly invoices up to the maximum amounts set forth in the following schedule:
Maximum Amount of Payments
Initial Study/ Project Description
Final EIR/Mitigation Monitoring Program
Notice of Determination/Statement of Overriding Considerations
Receipt of Notice of Determination
(Release of 5% Retention = $6,487.75)
Any work approved pursuant to section 1(f) of this agreement shall be included in the appropriate segment of the foregoing schedule, as determined by the City, and the maximum billing amounts shall be adjusted accordingly.
Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY in a retention account. The retained funds will be released to CONSULTANT when the environmental documentation project is successfully completed by the submittal of the final Notice of Determination/ Statement of Overriding Consideration (if necessary).
If CONSULTANT is requested by CITY to revise or supplement the environmental documentation with additional data, information or analysis solely as a result of the CONSULTANT'S failure to comply with the requirements of CEQA, or the State or local CEQA Guidelines, CONSULTANT shall provide such revision or supplement at no additional cost to the CITY.
If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur, new, unforeseen issues arise, or comments on the documents are received from attorneys other than the City Attorney during or following the circulation of the draft environmental document, during the term of this Agreement that require modification of the environmental documentation, CONSULTANT will perform such additional services on a time-and-materials basis, at the rates set forth within Sections IX and X of Exhibit ‘A’.
The CITY and CONSULTANT hereby acknowledge and agree that the terms of CONSULTANT'S compensation are not dependent upon the CITY'S final action on these Projects.
Section 4. Independent Contractor. CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between the CITY and CONSULTANT.
Section 5. Assignment. This agreement may not be assigned in whole or in part, without the prior written consent of CITY.
Section 6. Consultant. Responsible Project Manager. The CONSULTANT shall have a Responsible Project Manager who shall be principally responsible for the CONSULTANT'S obligations under this Agreement and who shall serve as principal liaison between CITY and CONSULTANT. The name of the Responsible Project Manager is Glenn Lajoie. Designation of another Responsible Project Manager by CONSULTANT shall not be made without the prior written consent of CITY.
Section 7. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT'S services under this Agreement. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services. CONSULTANT may not employ additional subconsultants without prior written approval of CITY.
Section 8. City: Liaison. CONSULTANT shall perform under the general supervision of the Director of Planning, Building and Code Enforcement of CITY ("Director") or his or her designee, and all communications, instructions and directions on the part of the CITY shall be communicated exclusively through the Director or his or her designee. Any direct communication between CONSULTANT and the project proponent shall only occur if expressly authorized in writing by the Director.
Section 9. Data and Services to be Furnished by CITY. All information, data, records, reports and maps as are in possession of CITY and necessary for the carrying out of this work shall be available to CONSULTANT without charge.
Section 10. Interests of CONSULTANT. The CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with the CONSULTANT or any subconsultant.
The parties agree:
(a) CITY has sole discretion to direct the work and evaluate the performance of CONSULTANT and CITY retains the right to terminate this Agreement or replace CONSULTANT at any time, in accordance with the provisions of Section 13 herein.
CONSULTANT, in accordance with the provisions of this agreement.
(c) CITY shall pay CONSULTANT from a CITY account under the exclusive control of CITY.
Section 11. Insurance. CONSULTANT shall submit to CITY certificates indicating compliance with the following minimum insurance requirements, to be maintained during the term of this agreement, not less than one (1) day prior to the beginning of performance under this Agreement.
1. Worker's Compensation Insurance to cover its employees as required by the California Labor Code.
The CONSULTANT shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
2. General liability protecting CONSULTANT in an amount no less than $1,000,000 per occurrence, $1,000,000 in the aggregate, for bodily injury, personal injury and property damage. Automobile liability protecting CONSULTANT in an amount not less than $500,000 per accident for bodily injury and property damage. Employer's liability protecting CONSULTANT in an amount no less than $1,000,000 per accident, bodily injury or disease. CONSULTANT agrees to maintain in full force and effect during the term of this Agreement professional errors and omissions insurance in an amount not less than $1,000,000 per claim, and in the aggregate. Such policies of insurance shall:
(a) Be issued by an insurance company which is admitted to conduct business in the State of California and which is rated in Best's Insurance Guide with a rating of A VII or better.
(b) Except for Worker's Compensation and Employer's Liability, name and list as additional insureds the CITY, its officers and employees.
(c) Except for Worker's Compensation and Employer's Liability, such insurance policies shall be primary to any other similar insurance and shall name the CITY, its officers, agents and employees, as additional insureds. Each insurance policy shall contain a provision that prohibits cancellation, without thirty (30) days prior written notice to the CITY. The insurance certificates evidencing such insurance and endorsements naming the CITY, its officers, employees, and agents as additional insureds, shall be submitted to the CITY for review and thereafter the CITY shall have the right to approve or disapprove any insurance procured by CONSULTANT under the standards of this section.
Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT'S liability or as full performance of CONSULTANT'S duties to indemnify, hold harmless, and defend under this Agreement.
(d) Except for Worker's Compensation and Employer's Liability, indemnify the CITY from liability from loss, damage or injury to persons or to property arising from CONSULTANT'S negligent acts in connection with the performance of services under this Agreement.
(e) Except for Worker's Compensation and Employer's Liability, include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit it brought, except with respect to the limit of the insurer's liability."
(f) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the CITY of such cancellation."
(g) Cover the operations of CONSULTANT pursuant to the terms of this Agreement.
(h) Acceptable to the City Attorney, and failure to comply with these insurance requirements shall be a material breach of the Agreement.
3. CONSULTANT shall not commence the performance of its services under this contract until the above insurance has been obtained and appropriate Certificates of Insurance have been filed with CITY. CONSULTANT further agrees that a clause substantially similar to this Section 11 will be included in any subcontract executed under this contract.
Section 12. Indemnification. CONSULTANT agrees to defend and indemnify the City, its officers, employees, and agents against, and will hold and save them and each of them harmless from damages to persons or property, penalties, obligations, liabilities, and costs, including but not limited to reasonable costs of defense, that may be claimed by any person, firm, entity, corporation, political subdivision or other organization to the extent caused by the negligent acts or intentional tortious acts, errors or omission of CONSULTANT or those for whom CONSULTANT is legally responsible. However, if any information or data prepared or provided by consultant is misused by an agent of the City, consultant shall not be responsible for such misuse of data.
Section 13. Termination. The executory provisions of this Agreement may be terminated by CITY upon five (5) days written notice to the CONSULTANT without further action by CITY. The executory provisions of this agreement may be terminated by the CONSULTANT upon thirty (30) days written notice to the CITY. In the event of such termination by the CITY, the CITY shall pay the CONSULTANT for work satisfactorily completed to date of such termination, but in no event to exceed the compensation described in Section 3 of this agreement, based on the percentage of completion of CONSULTANT's work on the date of termination, provided such work is in a form usable by CITY.
Section 14. Notice. Any notice or materials required to be given to the CONSULTANT shall be deemed duly and properly given upon delivery, if sent to CONSULTANT postage prepaid to:
Glenn Lajoie, AICP
14725 Alton Parkway
Irvine, CA 92618
or personally delivered to CONSULTANT at such address or other address specified to the CITY in writing by CONSULTANT.
Any notice or materials required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY postage prepaid to:
Director of Planning, Building and Code Enforcement
c/o City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
or personally delivered to CITY at such address or other address specified to the CONSULTANT in writing by the CITY.
Section 15. Entire Agreement. This agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 16. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action.
Section 17. Applicable Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Venue for any action arising from this Agreement, including but not limited to matters concerning validity, construction, performance or enforcement shall be exclusively in the state of federal courts located in Los Angeles County.
Section 18. Business License Required. Consultant shall obtain and maintain a City Business License prior to commencing preparation of the Environmental documentation as outlined in this agreement.
Section 19. Merger Clause. This Agreement and its Exhibits are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and any of its Exhibits, the provisions of this agreement shall prevail.
Section 20. Provisions Cumulative. The foregoing are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY.
Section 21. Anti-Waiver Clause. None of the provisions contained herein shall be waived because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived in whole or in part.
EXECUTED the day and year first stated above.
"CITY" (CITY OF RANCHO PALOS VERDES)
Larry Clark, MAYOR
"CONSULTANT" (RBF Consulting)
‘A’ Proposal: Scope of Work, Project Schedule, Budget