HomeMy WebLinkAboutMarcus H. Bole & Associates 2017-04-21COU No. 1617197
AGREEMENTFOR
PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this 21st day of April, 2017(" Effective Date"), by and
between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Marcus H. Bole &
Associates, a Sole Proprietorship [sole proprietorship, corporation, partnership, limited partnership, limited liability company,
etc] organized and in good standing under the laws of the state of California, hereinafter referred to as
"Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to CEQA Initial Study/Mitigated Negative Declaration
for the Willow Terrace Project, 237 E. Gobbi Street, Ukiah, CA — MHBA File 0214-2017-3470-
CEQA.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to
provide these services, and is willing to provide them according to the terms of this
Agreement.
C. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto as
Attachment "A", describing contract provisions for the project and setting forth the completion
dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant. The written Agreement shall be in the form of an Amendment to
this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required by the
Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete such services
within 90 calendar days from receipt of the Notice to Proceed. Consultant shall complete the
work to the City's reasonable satisfaction, even if contract disputes arise or Consultant
contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this Agreement,
Consultant shall be compensated on a time and expense basis not to exceed a guaranteed
maximum dollar amount of $12,650.00. Labor charges shall be based upon hourly billing rates
for the various classifications of personnel employed by Consultant to perform the Scope of
Work as set forth in the attached Attachment B, which shall include all indirect costs and
expenses of every kind or nature, except direct expenses. The direct expenses and the fees
to be charged for same shall be as set forth in Attachment B. Consultant shall complete the
Scope of Work for the not -to -exceed guaranteed maximum, even if actual time and expenses
exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the Scope -of -
Work of this Agreement, the parties shall agree in writing to any changes in compensation.
"Changes to the Scope -of -Work" means different activities than those described in Attachment
"A" and not additional time to complete those activities than the parties anticipated on the date
they entered this Agreement.
4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a portion of
the work of this Agreement shall be approved by City prior to commencement of work. The
cost of sub -consultants shall be included within guaranteed not -to -exceed amount set forth in
Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of invoice less any amount already paid to Consultant, which
amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall
provide a description of each item of work performed, the time expended to perform each task,
the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall
be accompanied by documentation sufficient to enable City to determine progress made and
the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for
its acts or omissions. Consultant (including its agents, servants, and employees) is not City's
agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent contractor
and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the method of accomplishing
those services contracted to and performed by Consultant under this Agreement, and the
general public and all governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been inserted
solely to achieve compliance with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this Agreement shall be interpreted or
construed as creating or establishing the relationship of employer and employee between
Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-employment
taxes that are due the state and federal government and shall furnish and pay worker's
compensation insurance, unemployment insurance and any other benefits required by law for
himself and his employees, if any. Consultant agrees to indemnify and hold City and its
officers, agents and employees harmless from and against any claims or demands by federal,
state or local government agencies for any such taxes or benefits due but not paid by
Consultant, including the legal costs associated with defending against any audit, claim,
demand or law suit.
PAGE 2 OI 7
Consultant warrants and represents that it is a properly licensed professional or professional
organization with a substantial investment in its business and that it maintains its own offices
and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City.
Consultant has no interest and will not acquire any direct or indirect interest that would conflict
with its performance of the Agreement. Consultant shall not in the performance of this
Agreement employ a person having such an interest. If the City Manager determines that the
Consultant has a disclosure obligation under the City's local conflict of interest code, the
Consultant shall file the required disclosure form with the City Clerk within 10 days of being
notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for the
full period of time allowed by law, surviving the termination of this Agreement insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office ("ISO) Commercial General Liability Coverage Form
No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed
Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to include
contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage including operations, products and
completed operations. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, the general aggregate limit shall apply
separately to the work performed under this Agreement, or the aggregate limit
shall be twice the prescribed per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
PAGE 3 OF 7
3. Worker's Compensation and Employers Liability: Worker's compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or
used by the Consultant, or automobiles owned, hired or borrowed by the
Consultant for the full period of time allowed by law, surviving the
termination of this Agreement. The coverage shall contain no special
limitations on the scope -of -protection afforded to the City, its officers,
officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the Consultant's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from Consultant's
performance of the work, pursuant to this Agreement.
PAGE 4 OF 7
3. Professional Liability Coverage
If written on a claims -made basis, the retroactivity date shall be the effective
date of this Agreement. The policy period shall extend one year from date of
final invoice.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of
no less than A- for financial strength, AA for long-term credit rating and AMB -1 for
short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The Certificates and Endorsements are to
be on forms provided or approved by the City. All Certificates and Endorsements are
to be received and approved by the City before Consultant begins the work of this
Agreement. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time. If Consultant fails to provide the coverages
required herein, the City shall have the right, but not the obligation, to purchase any or
all of them. In that event, after notice to Consultant that City has paid the premium, the
cost of insurance may be deducted from the compensation otherwise due the
contractor under the terms of this Contract.
G. Subcontractors
Consultant shall include all sub -contractors or sub -consultants as insured under its
policies or shall furnish separate certificates and endorsements for each sub -contractor
or sub -consultant. All coverage for sub -contractors or sub -consultants shall be subject
to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination
of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or
pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant
and its agents in the performance of services under this contract, but this indemnity does not
apply to liability for damages for death or bodily injury to persons, injury to property, or other
loss, arising from the sole negligence, willful misconduct or defects in design by the City, or
arising from the active negligence of the City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include all
PAGE 5 OF 7
costs associated with defending the claim, including, but not limited to, the fees of attorneys,
investigators, consultants, experts and expert witnesses, and litigation expenses.
References in this paragraph to City or Consultant, include their officers, employees, agents,
and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all
documents or reports and supportive data prepared by Consultant under this Agreement are
owned and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no additional cost
to City. Deliverables are identified in the Scope -of -Work, Attachment "A". All documents
produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant
shall produce the digital format, using software and media approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States,
the State of California, and all local governments having jurisdiction over this Agreement. The
interpretation and enforcement of this Agreement shall be governed by California law and any
action arising under or in connection with this Agreement must be filed in a Court of competent
jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set
forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement of
both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not
assign, transfer, or sub -contract its interest or obligation under all or any portion of this
Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be
a waiver of any other or subsequent breach of the same or any other covenant, term or
condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the
Agreement; 2) because funds are no longer available to pay Consultant for services provided
under this Agreement; or 3) City has abandoned and does not wish to complete the project for
which Consultant was retained. A party shall notify the other party of any alleged breach of
the Agreement and of the action required to cure the breach. If the breaching party fails to
cure the breach within the time specified in the notice, the contract shall be terminated as of
that time. If terminated for lack of funds or abandonment of the project, the contract shall
terminate on the date notice of termination is given to Consultant. City shall pay the
Consultant only for services performed and expenses incurred as of the effective termination
date. In such event, as a condition to payment, Consultant shall provide to City all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed hereunder,
PAGI: 6 01`7
subject to off -set for any direct or consequential damages City may incur as a result of
Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be executed
and delivered by facsimile or other electronic transmission, and in more than one counterpart,
each of which shall be deemed an original, and all of which together shall constitute one and
the same instrument. When executed using either alternative, the executed agreement shall
be deemed an original admissible as evidence in any administrative or judicial proceeding to
prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally
delivered or deposited in the mail (certified or registered) addressed to the parties as follows:
CITY OF UKIAH MARCUS H. BOLE & ASSOCIATES
DEPT. OF COMMUNITY DEVELOPMENT ATTN: MARCUS H. BOLE
300 SEMINARY AVENUE 104 BROCK DRIVE
UKIAH, CALIFORNIA 95482-5400 WHEATLAND, CA 95692
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
MARCUS H. BOLE & ASSOCIATES
IN
MARCUS H. BOLE
572-72-5838
IRS IDN Number
CITY OF UKIAH
BY: �
S9 GIACOMO
CITY MANAGER
ATTEST
"Llill'-
CItSI CLERK
PAGE 7 OF 7
04/21/2017
Date
7 c�
Z`f 1-7
Date
Date
ATTACHMENT "A"
CEQA Lead Agency
City of Ukiah
Attn: Kevin Thompson
300 Seminary Avenue
Ukiah, CA 95482
Marcus H. Bole & Associates
An Environmental Consulting Firm
April 9, 2017
Applicant:
RCHDC
Attn: Ryan LaRue
499 Leslie Street
Ukiah, CA 95482
SUBJECT: Scope of Work, Cost Estimate and Timing for CEQA Environment Review
(Initial Study/Mitigated Negative Declaration) for the Willow Terrace Project, 237 E.
Gobbi Street, City of Ukiah, California. i1IHBA File 0214-2017-3470-CEQA
Background: Rural Communities Housing Development Corporation (RCHDC) proposes to
construct a 38 unit multifamily housing facility. 37 of the units will be affordable with one unit
set aside for an onsite manager. The residents of this facility will be seriously mentally ill who
are homeless or at risk of homelessness. This project provides permanent supportive housing for
its residents. The residents will be selected and referred to the housing facility by the Mendocino
County Health and Human Services Department (NICH&HS) is also the service provider of
record for this project. Wraparound services will be provided to all residents of this facility to
assure compliance with community norms.
The 1.0 acre site is located at 237 Gobbi Street in Ukiah, CA 95482. Tile assessor's parcel
number in Mendocino County is 003-581-22-00. The site is parcel 1 of Lot 31 of the Yokayo
Rancho Subdivision. Latitude is 39° 08' 38.68"N and the Longitude is 123° 12'04.27"W with
an elevation of 600 feet.
The objective of the project is the development of permanent affordable housing for tenants who
are seriously mentally ill and homeless or at risk of homelessness (that is qualified for services
under the California Mental Health Services Act). The Ukiah Valley and Mendocino County in
general have experienced a dramatic rise in the presence of this population. This incurs demands
on community resources including emergency room visits, police calls, public disturbances,
panhandling, environmental degradation, etc. It has been demonstrated that a "Housing First"
policy is a cost effective measure to resolve the severity of the community problem as well as to
provide benefit to the tenants. This project is an instantiation of the Housing First policy.
Development funding will create a Capitalized Operating Subsidy Reserve that will be used to
support operations expenses beyond that covered by the limited rent expected from tenants. This
will assure successful financial operation of the facility for at least 20 years.
There will be three two story residential buildings and a one story building for offices, meeting
rooms, and provision of services to the tenants. The residences will be comprised of 1 1
affordable one bedroom units, 28 affordable studios, and one three bedroom unit for the
manager. One office each for property management and service providers, two service delivery
rooms, two ADA community bathrooms, a meeting room, a community room with full service
kitchen, a laundry room, a maintenance workshop and storage room and several utility closets
will be included in the one story building. Total floor space will be approximately 20,000 square
feet.
The design will be consistent with the City of Ukiah Design Guidelines for the Downtown
Design District. Redwood trees in the northwestern corner of the property will be conserved.
Substantial open space will be available in the area enclosed on three sides by the residential and
office buildings for tenant recreation, including a plaza, a 2400 square foot garden and
substantial other landscaped area.
SCOPE OF WORK - SUMMARIZED
TASK 1.0 CEQA Initial Study/Mitigated Negative Declaration
The City of Ukiah is the CEQA Lead Agency. Marcus H. Bole & Associates (MHBA) will
assist the City by the preparation an environmental document in accordance with the California
Environmental Quality Act (Public Resources Code 12000 et seq.), the Guidelines (14 Cal. Code
15000 et seq.), agency CEQA procedures, if applicable, and relevant court decisions. Tile
document type for the project is expected to be an Initial Study / Mitigated Negative Declaration
(IS/MND). Data collected during the completion of the specialized studies and contacts with
other sources will be incorporated by reference into an appropriate environmental document.
Copies of the IS/MND will be subject to internal and administrative reviews by the City of Ukiah
prior to finalization and circulation. At the completion of the administrative review, MHBA will
incorporate appropriate comments received from City of Ukiah, and other public agencies into
the final environmental documents and produce the document for circulation. MHBA will attend
public meetings (as required) during the review of the environmental document and hearings for
the adoption of the environmental document (if appropriate).
TASK 2.0 Reimbursable Expenses
Standard reimbursable expenses include State of California rate mileage and per diem charges
for onsite surveys and attendance at meetings as directed.
Cost Estimate Summarized:
Services will be rendered on a time and materials basis according to the attached fee schedule. If
you have any questions about any items on your invoice, please contact us promptly.
Task
Description
p
Project
Manager,
Principal
Senior
Planner
Environme GIS
ntal Analyst/
Scientist Admin
Total
Hours
Total
$180/hr.
$150/hr.
$110/hr. $80/hr.
1.0 CEQA Initial Stud /Mitigated Negative Declaration
1.1 Initiation, 1 8 1 4 1 1 1 12 1 $2,040
PROPOSED Schedule for Completion of Technical Studies and Initial
Study/Mitigated Negative Declaration
TASK
Project Initiation
MONTHS TO COMPLETION
Consultation and Coordination
Research,
($1,440)
($600)
Initial Study/MND
Administrative Draft IS/MND
1.0-2.0
City of Ukiah Review of Administrative Draft
Coordination
Revised Draft IS/MND
0.5
City of Ukiah Approval/Circulation
1.0
Public Meetings
1.0
Final IS%MND
Prepare
4
l0
12
26
$3,180
1.2
Administrative
($720)
($1,500)
($960)
Draft Document
Revise and
1
8
1
10
20
$2,290
1.3
Publish Document
($180)
($1,200)
($110)
($800)
Prepare Approval
2
6
8
$1,260
Documents,
($360)
($900)
1.4
Response to
comments
Prepare
1
6
7
$660
Mitigation
($180)
($480)
1.5
Monitoring
Report
Revisions,
1
2
2
5
$640
1.6
Finalization and
($180)
($300)
($160)
Repro
Planning
4
2
2
8
$1,180
1.7
Commission and
($720)
($300)
($160)
Council Meetings
Total CEQA Initial Stud /Mitigated Negative Declaration
$11,250
2.0 Reimbursable Expenses
2.1
Mileage $600
2.2
Per Diem $800
Estimated Total $12,650
PROPOSED Schedule for Completion of Technical Studies and Initial
Study/Mitigated Negative Declaration
TASK
Project Initiation
MONTHS TO COMPLETION
Consultation and Coordination
0.5
Technical Studies
1.0-2.0
Initial Study/MND
Administrative Draft IS/MND
1.0-2.0
City of Ukiah Review of Administrative Draft
0.5
Revised Draft IS/MND
0.5
City of Ukiah Approval/Circulation
1.0
Public Meetings
1.0
Final IS%MND
1.0
If you have any questions concerning our Scope of Work, Cost or Timing please feel free to
contact me directly at: Marcus H. Bole & Associates, Attn: Marcus Bole, 104 Brock Drive,
Wheatland, CA 95692, phone: 530-633-0117, fax: 530-633-0119, cell: 916-747-8501, and email:
mbole(kaol.com.
Respectfully submitted,
Marcus H. Bole, M.S., Principal
Senior Environmental Scientist
Marcus H. Bole & Associates
Allocation of Marcus H. Bole & Associates Staff:
Principal Contact, Project Manager, and Primary QA/QC Reviewer
Marcus H. Bole, M.S. Principal
Senior Environmental Scientist
REPA #647913
104 Brock Drive
Wheatland, CA 95692
Office: 530-633-0117
Cell: 916-747-8501
mbole@aol.com
Senior Environmental Scientist
Charlene J. Bole, M.S.
Environmental Scientist
REPA #229436
Office: 530-633-0117
Cell: 916-747-8502
charlenebolea,aol.com
Senior Project Biologist
David H. Bole. B.S.
Wildlife Biologist & Wetland Scientist
Environmental Scientist
REPA #762718
Office: 530-633-01 17
Cell: 530-4-5-6623
davidhbolea,yahoo.com
Senior Project Safety and Hazmat Coordinator
Gerald H. DeRego. M.S., CUSA
Environmental Health and Safety Manager
Environmental Scientist
Office: 530-633-0117
Cell: 530-802-6278
a derego(cDcomcast.net
4
Senior Project Archaeologist
Sean M. Jensen. M.A.
Cultural `H istorical/Archaeological
Office: 530-633-0117
Cell: 530-680-6170
seaniensen a,comcast.net
GIS/AutoCAD Specialist
Mark Sayers. B.S.
GIS/Graphic Support
Office: 530-633-0117
Cell: 530-864-5574
markAbvid.org