HomeMy WebLinkAboutE-9 Staff Report - PSA for The Great Park and Residential ProjectCONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: JANUARY 19, 2021
SUBJECT: REQUEST TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
STANTEC CONSULTING INC. TO PROVIDE PLANNING AND
ENVIRONMENTAL CONSULTANT SERVICES FOR THE GREAT PARK AND
RESIDENTIAL PROJECTS LOCATED AT 807 THE PROMENADE
BACKGROUND:
Development of the Rosedale Master Planned Community is essentially complete. A total of 1,227 of
the 1,250 authorized homes have been completed, sold, and occupied, leaving 23 unbuilt units remaining
within the City’s approved authorization pursuant to the Monrovia Nursery Specific Plan (MNSP). All
public parks, land dedications and required infrastructure improvements within the community have
been completed and accepted by the City, except for the Great Park - which was planned for
construction in an area located on the north side of East Promenade between Azusa Veterans Way and
Rosedale Avenue. Completion of the Great Park was delayed due to Azusa Unified School District’s
(AUSD) litigation and uncertainty about the obligation and timing of construction of the K-8 school,
which has now been resolved.
On November 18, 2019, the City Council authorized the sale of bonds from CFD 2005-1 Improvement
Area 2, and $7.25 million of which is allocated to reimburse the District for facilities, and $7.0 million
of which is allocated for development of the Great Park by Rosedale Land Partners (RLP ).
On June 2, 2020, an application for Preliminary Plan Review (PPR) was submitted by Rosedale Land
Partners (RLP) for the following:
•180 three-story garden style multi-family residences; and
•Great Park on 6.23 acres of vacant land
The application was subsequently withdrawn and a second PPR application was submitted on August
12, 2020, and it proposed the following:
•Development of the Great Park on 9.1 acres previously designated in the MNSP for a K-8
school, and 23 single family homes on 5.5 acres previously designated for the Joint Use
Community Park.
APPROVED
CITY COUNCIL
1/19/2021
Approve Professional Services Agreement with Stantec Consulting Inc.
The Great Park and Residential Project – Rosedale
January 19, 2021
Page 2 of 3
• In lieu of dedicating two (2) acres to the City, RLP would dedicate the former 9.1-acre school
site to the City, and construct additional recreational amenities as depicted on their site plan, or
with such amenities as mutually agreed upon by the City and RLP.
• RLP proposes to enter into a MOU with the City to memorialize the amenities to be developed
within the Great Park and to identify the necessary and appropriate city approvals for
development of the Great Park and the 23 single family homes.
Staff conducted a preliminary review of the application, and provided an analysis of applicable
provisions and suggested changes in a letter dated October 15, 2020. In the letter, staff recommended
that RLP submit a written request to determine whether the changes may be accommodated in a Minor
Modification that would amend the Regulating Plan contained in the MNSP. Amendments to the
Regulating Plan would include changing a portion of the land use designations from “School” to “Park”
and “Park” to “Promenade 21”. Additionally, the project’s building typology would have to adhere to
Building Types 4 through 7 of the MNSP. Staff believes that without these amendments, it is not
possible to evaluate the proposal according to the criteria identified for Minor Modifications.
Accordingly, staff provided information on the Minor Modification process outlined in the MNSP and
the requirements for compliance.
The letter to RLP also noted that although RLP is proposing to develop 23 single family homes, this
component is entirely separate from the Great Park development proposal, as the development of the
Great Park was conditioned as part of the original development entitlements, and on the City’s
cooperation to authorize the bonding capacity for additional improvements and to accommodate the
settlement of the RLP/AUSD’s lawsuit. In response to staff’s October 15, 2020 letter, RLP submitted a
revised site plan for their 23-unit proposal on November 11, 2020.
At this point, staff is ready to engage a consultant that would work as an extension of staff to provide
planning and environmental support to process the proposed entitlement applications. The selection of
the consultant would be the next step in the process to continue with the development process.
RECOMMENDATIONS:
Staff recommends that the City Council take the following actions:
1) Approve a Professional Service Agreement with Stantec Consulting Inc. to provide planning and
environmental consultant services for The Great Park and Residential Project in an amount not to
exceed $96,043.20 which includes the project budget of $87,312.00 and 10% contingency of
$8,731.20
2) Authorize the City Manager to prepare and execute the agreement, in a form acceptable to the
City Attorney, on behalf of the City.
ANALYSIS:
Stantec Consulting Inc. will work as an extension of Staff and provide environmental and planning
services for the subject proposed projects. They will also provide technical assistance with a virtual
community outreach plan. The scope of the project’s entitlements are outlined below:
Approve Professional Services Agreement with Stantec Consulting Inc.
The Great Park and Residential Project – Rosedale
January 19, 2021
Page 3 of 3
1. Minor Modification – Land Use Change
2. Design Review for 23 Single Family Homes
3. Design Review for Public Park
4. Tentative Tract Map for 23 Single Family Home and Public Park
5. Online Community Outreach Plan
6. CEQA Review
The Scope of Work was sent to 7 firms out of the 14 firms on the City’s Certified On-Call
Environmental List, which was approved by City Council on September 16, 2019. The City received
atotal of 4 proposals as outlined below:
Firm Amount
Michael Baker International (MBI) $91,475.00
Stantec Consulting Inc. $87,312.00
Morse Planning Group $74,260.00
Willdan $59,562.00
The applicant will also execute a Reimbursement Agreement with the City. The Reimbursement
Agreement does not require approval from City Council since the template agreement was approved on
June 3, 2019. The Reimbursement Agreement will require the applicant to reimburse the City for work
conducted pursuant to Stantec Consulting Inc.’s Professional Service Agreement and include other
associated costs, such as but not limited to BBK Attorney fees, publications and mailings.
This action shall not be binding on any future Planning Commission and/or City Council actions.
FISCAL IMPACT:
The total contract not-to-exceed-amount is $96,043.20, which includes a 10% contingency. The Project
applicant will execute a Reimbursement Agreement with the City requiring it reimburse the City for all
costs associated with the project, including but not limited to planning and environmental consultant
services, attorney fees, publications and mailings.
Prepared by: Reviewed by:
Manuel Muñoz Matt Marquez
Planning Manager Director of Economic and Community
Development
Fiscal Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) PSA Agreement with Stantec Consulting Inc. – The Great Park and Residential Project
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING INC.
RE: THE GREAT PARK AND RESIDENTIAL PROJECT
1.PARTIES AND DATE.
This Agreement is made and entered into this 19th day of January by and between the
City of Azusa, a municipal corporation organized under the laws of the State of California with
its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”)
and Stantec Consulting Inc., a California Incorporated Company with its principal place of
business at 290 Conejo Ridge Avenue, Thousand Oaks, CA 91361 (“Consultant”). City and
Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing planning and environmental
consultant services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage the Consultant to render such services for the EIR Addendum to the
Monrovia Nursery Specific Plan EIR and Design Review for the development of 23 single-family
detached residential units and a public park on approximately 6.23 acres of vacant land,
(“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional consulting services necessary for the
Project (“Services”). The Services are more particularly described in Exhibit “A” attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 19, 2021 to
January 19, 2024, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Consultant.
Attachment 1
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3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “A” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Christine Abraham, Principal Environmental Planner, and Kevin Kohan, Senior
Environmental Planner.
3.2.5 City’s Representative. The City hereby designates Matt Marquez,
Director of Economic and Community Development or his or her designee, to act as its
representative for the performance of this Agreement (“City’s Representative”). City’s
Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Christine
Abraham, Principal Environmental Planner, or his/her designee, to act as its representative for
the performance of this Agreement (“Consultant’s Representative”). Consultant’s
Representative shall have full authority to represent and act on behalf of the Consultant for all
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purposes under this Agreement. The Consultant’s Representative shall supervise and direct the
Services in accordance with the standard of care as defined in Section 3.2.8 of this Agreement
and shall be responsible for all means, methods, techniques, sequences and procedures and for
the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed
upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that
if the Services are not completed within the aforementioned Performance Time and/or pursuant
to any such Project Milestones developed pursuant to provisions of this Agreement, it is
understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
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with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Consultant. Consultant also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Consultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
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advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must
fully comply with all applicable laws, rules and regulations in furnishing or using equipment
and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or
California Air Resources Board (CARB). Although the SCAQMD and CARB limits and
requirements are more broad, Consultant shall specifically be aware of their application to
"portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Consultant, its
subconsultants, or others for whom Consultant is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. If applicable to Consultant’s
services under this Agreement and within Consultant’s typical area of expertise, Consultant’s
Services must account for, and fully comply with, all local, state and federal laws, rules and
regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section, if applicable to Consultant’s services
under this Agreement, is a violation of law that may subject Consultant or City to penalties,
fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from and against any and all fines,
penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-
compliance with the laws, regulations and policies described in this Section, unless such non-
compliance is the result of the sole established negligence, willful misconduct or active
negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section if applicable to Consultant’s services under this Agreement and within Consultant’s
area of expertise. Consultant further warrants that it, its employees and subcontractors will
receive adequate training, as determined by City, regarding the requirements of the laws,
regulations and policies described in this Section if they relate to the Services provided under
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this Agreement. Upon request, City will provide Consultant with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
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by the City will be promptly reimbursed by Consultant or the City may withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or
terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less $1,000,000 per claim.
3.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of Azusa, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City’s own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as additional
insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
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officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, its officials, officers, employees, agents, and volunteers, or any other
additional insureds, and shall require similar written express waivers and insurance clauses from
each of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall
not allow any subconsultants to commence work on any subcontract relating to the work under
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Consultant, the City may approve
different scopes or minimum limits of insurance for particular subconsultants. The Consultant
and the City shall be named as additional insureds on all subconsultants’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
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insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation
shall not exceed ($96,043.20) without written approval of the City Manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within thirty (30) days of receiving such statement,
review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
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expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant’s
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a
non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and
all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium
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of expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the
property of City, and shall not be used in whole or in substantial part by Consultant on other
projects without the City's express written permission. Within thirty (30) days following the
completion, suspension, abandonment or termination of this Agreement, Consultant shall provide
to City reproducible copies of all Documents & Data, in a form and amount required by City.
City reserves the right to select the method of document reproduction and to establish where the
reproduction will be accomplished. The reproduction expense shall be borne by City at the
actual cost of duplication. In the event of a dispute regarding the amount of compensation to
which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies
available to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents. .
3.5.1 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.5.3 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
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copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.5.4 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
Stantec Consulting Inc.
Attn.: Christine Abraham
290 Conejo Ridge Avenue
Thousand Oaks, CA 91361
City:
City of Azusa
Attn: Matt Marquez
213 E. Foothill Blvd.
Azusa, CA 91702
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, arising out of, or pertaining to, any negligent acts, errors or
omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Consultant’s
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Services, the Project or this Agreement, including without limitation the payment of all
consequential damages, reasonable expert witness fees and reasonable attorney’s fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required
by Civil Code Section 2782.8, to claims to the extent they arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Furthermore, if Civil Code
Section 2782.8 is applicable, in no event shall the cost to defend charged to Consultant exceed
Consultant’s proportionate percentage of fault.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims,
actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, volunteers and agents as party of any such
claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include
payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall
reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
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hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
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3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
[SIGNATURES ON NEXT PAGE]
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APPROVED AS TO FORM: APPROVED AS TO FORM:
For: CITY OF AZUSA For: City of Azusa
By: _________________________
Sergio Gonzalez
City Manager
By: _________________________
Jeffrey Lawrence Cornejo, Jr.
Principal
Date: ________________________ Date: ________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
For: CITY OF AZUSA For: Stantec Consulting Inc.
By: _________________________
Marco A. Martinez
City Attorney
By: _________________________
___________________________________
Date: ________________________ Date: ________________________
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EXHIBIT “A”
SCOPE OF SERVICES, SCHEDULE OF SERVICES, COMPENSATION
See Attached Document – Stantec Consulting Services
Stantec Consulting Inc.
290 Conejo Ridge Avenue, Thousand Oaks, California 91361
January 6, 2021
Attention: Mr. Manuel Munoz
Planning Division
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Dear Mr. Manuel Munoz,
Reference: Proposal for The Great Park and Residential Project at Rosedale Community
Monrovia Nursery Specific Plan
Stantec is pleased to provide this letter proposal for environmental documentation and planning/entitlement
support for the Great Park and Residential Project at Rosedale Community and the Monrovia Nursery Specific
Plan Project (Project), in the City of Azusa (City). Based on our understanding of the Project and our
correspondence with the City, Stantec believes that an Addendum to the 2002 certified Environmental Impact
Report (EIR) for the Monrovia Nursery Specific Plan and Project would allow for complete environmental
review for successful California Environmental Quality Act (CEQA) compliance.
On behalf of the City, Stantec would prepare a CEQA-compliant EIR Addendum that would include the
following: (1) project information and a project description; (2) overall environmental impacts; and (3)
discussion of any significant and cumulative impacts. No new technical studies would be prepared, and
Stantec would rely on information provided by the City and the existing CEQA documentation to prepare the
Addendum. In addition, we are prepared to assist with the required entitlements for the Project, acting as an
extension of City staff, as detailed in the tasks below.
We look forward to working with the City on this Project.
Sincerely,
Christine Abraham Kevin Kohan
Principal Environmental Planner Senior Environmental Planner
323-363-6834 805-338-2163
christine.abraham@stantec.com kevin.kohan@stantec.com
Exhibit A
January 6, 2021
Mr. Manuel Munoz
Page 2 of 12
Reference: Proposal for The Great Park and Residential Project at Rosedale Community Monrovia Nursery Specific Plan
Stantec Project Management Team
Stantec’s team of experienced specialists consists of land use planners, biologists, cultural and tribal resource
specialists, CEQA planners and more who work as an integrated team. We have company-wide resources
available to solve our clients' toughest challenges. Project work will primarily be conducted out of our Los
Angles and Thousand Oaks offices. Stantec’s project team includes experts in key environmental fields who
provide the technical credibility to successfully produce the necessary technical studies and finalize a
comprehensive environmental document. Professional technical analyses are essential to ensure that the
environmental document is deemed credible, objective, and technically sound in the eyes of the lead agency
and the public.
Of equal importance to the technical ability of the team members is their previous experience working on
complex and controversial projects, which ensures that they can produce the highest quality work product.
Christine Abraham, Principal Environmental Planner, will be Stantec’s Project Manager assisting with
overall project management and be responsible for overall project execution, management, scope, schedule,
and budget control and serve as the primary point of contact for the City of Azusa and the Project team.
Christine has over 16 years of experience as an environmental consultant, focused on environmental review
and CEQA compliance documentation. In addition to document preparation, Christine draws from her legal
background, as a Member of the State Bar of California, to provide a thorough peer review of environmental
documents to ensure defensibility, as well as engaging in litigation support when needed. She is highly
organized, an effective communicator, and understands what it takes to successfully coordinate and track
multidisciplinary project teams for complex and controversial projects. Christine will confirm that the Stantec
team has adequate resources to respond to your needs and deliver high quality projects efficiently and in a
timely manner.
Kevin Kohan, Senior Environmental Planner, will lead the entitlement effort, working with City staff to ensure
technically accurate planning documentation is provided for submittal. Kevin coordinates major land
development projects through the administrative review process at local, state, and federal levels for both
public agency and private sector clients. He manages inter-disciplinary teams of regulatory compliance
experts, planners, architects, biologists, wetlands specialists, and mitigation monitors. From preparing all
levels of CEQA/NEPA documents for major land development projects, Kevin brings a wealth of knowledge
in applying laws, codes, ordinances, and regulations regarding general plans, zoning, and land division. Kevin
has served as a planner for both private and public sectors, including the Cities of Anaheim, Pico Rivera, and
City of Lake Elsinore. Kevin currently manages environmental compliance activities for two large green
energy projects in Imperial County. In addition, Kevin currently serves his community as a Planning
Commissioner for the City of Thousand Oaks. Thus, he not only is well versed in the technical issues related
to CEQA compliance, but he is also an expert at municipal planning issues and governance.
January 6, 2021
Mr. Manuel Munoz
Page 3 of 12
Reference: Proposal for The Great Park and Residential Project at Rosedale Community Monrovia Nursery Specific Plan
Scope of Work
Project Understanding and Work Plan
The Monrovia Nursery Specific Plan and Project 2002 EIR was prepared for the proposed land plan for the
Nursery site, which consists of 1,475 to 1,575 dwelling units, and 30,000 to 50,000 square feet of commercial
uses on 281 developable acres. Approximately 220 acres were reserved as permanent open space. The EIR
included several utility and infrastructure improvements necessary to support the development in the Specific
Plan area. A General Plan Amendment, Zone Change, Specific Plan approval, Annexation, Development
Agreement, and Vesting Tentative Map were approved in 2003. Refinements to the various plans and studies
have been completed to include an updated grading plan to manage surplus soil material.
The Project requires preparation of an EIR Addendum to the Monrovia Nursery Specific Plan EIR for the
development of 23 single-family detached residential units in a planned community, which would entail full
build-out of the residential components of the Monrovia Specific Plan. In addition, an associated public park
on approximately 6.23 acres of vacant land, located at 807 East Promenade, on the north side of the
Promenade, between Azusa Veterans Way and Rosedale Avenue, would also be developed as part of the
Project. The Project site is part of the Great Park Neighborhood within the Promenade District of the Monrovia
Nursery Specific Plan.
Task 1: Minor Modification for the Land Use Change
Stantec will prepare the Minor Modification for the land use change associated with the Project’s residential
and park components, as permitted by the Monrovia Nursery Specific Plan. Stantec understands that certain
modifications to the Specific Plan text, graphics, and the Regulating Map are specifically exempted from the
formal amendment process including public hearings on the Specific Plan, as originally approved, and are in
fact subject to review and approval by the Community Development Director. Stantec understands that the
Project is a minor change to the Specific Plan and does not materially affect the overall purpose and intent of
the Specific Plan. Therefore, Stantec will prepare a Minor Modification Application pursuant to the provisions
of Section 88-110 of the Zoning Ordinance and will work with the Community Development Director (Director)
to confirm conformance with the provisions of the Specific Plan. If necessary, the Director has the discretion
to refer to the Zoning Administrator for a public hearing. Stantec understands that the Minor Modification is
valid and in effect and granted pursuant to the provisions of the Specific Plan and run with the land.
Deliverables
• Complete Minor Modification Application for Community Development Director review and approval
Task 2: Design Review for 23 Single Family Homes
Stantec will conduct design review of the 23 residences, to ensure compliance with the Monrovia Nursery
Specific Plan and City requirements. Stantec will serve as an extension of City staff and provide design review
of the Precise Plan of Design. Stantec will confirm the Precise Plan of Design is compatible with the
architectural criteria, site planning, and landscaping guidelines as defined in the Design Guidelines and other
January 6, 2021
Mr. Manuel Munoz
Page 4 of 12
Reference: Proposal for The Great Park and Residential Project at Rosedale Community Monrovia Nursery Specific Plan
portions of the Specific Plan. The Design Review/Precise Plan process shall include review of the conceptual
site plan, grading plan, conceptual floor plans, and conceptual architectural elevations. Once the
Development Review/Precise Plan application is deemed complete by the Planning Division, the application
will be scheduled for a public hearing with the Planning Commission within 30 days. Stantec will assist the
City in substantiating the following findings:
• The Project is consistent with the intent and provisions of the City’s General Plan, applicable portions
of the Zoning Ordinance, including findings for Development Review / Precise Plan.
• The proposed project is in substantial conformance with the Specific Plan.
• The proposed project does not unreasonably interfere with the use or enjoyment of property in the
vicinity
• The proposed project does not adversely affect the public peace, health, safety, or general welfare.
Deliverables
• Development Review/Precise Plan Compliance Memorandum for City Review and Approval
Task 3: Design Review for Public Park
Stantec will conduct design review of the 23 residences, to ensure compliance with the Monrovia Nursery
Specific Plan and City requirements. Stantec will serve as an extension of City staff and provide design review
of the Precise Plan of Design. Stantec will confirm the Precise Plan of Design is compatible with the
architectural criteria, site planning, and landscaping guidelines as defined in the Design Guidelines and other
portions of the Specific Plan. The Design Review/Precise Plan process shall include review of the conceptual
site plan, grading plan, conceptual floor plans, and conceptual architectural elevations. Once the
Development Review/Precise Plan application is deemed complete by the Planning Division, the application
will be scheduled for a public hearing with the Planning Commission within 30 days. Stantec will assist the
City in substantiating the following findings:
• The Project is consistent with the intent and provisions of the City’s General Plan, applicable portions
of the Zoning Ordinance, including findings for Development Review / Precise Plan.
• The proposed Project is in substantial conformance with the Specific Plan.
• The proposed Project does not unreasonably interfere with the use or enjoyment of property in the
vicinity
• The proposed Project does not adversely affect the public peace, health, safety, or general welfare
Deliverables
• Development Review/Precise Plan Compliance Memorandum for City Review and Approval.
January 6, 2021
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Task 4: Preparation of Tentative Tract Map for 23 Single Family Homes
and Public Park
Stantec will assist with the preparation of the Tentative Tract Map, on behalf of the developer, for the
residences and park, as an essential component of project entitlements. The Tentative Tract map will be
ultimately approved by the County of Los Angeles Department of Public Works and certified by the Director
of Public Works/City Engineer for conformance with the Subdivision Map Act and City Ordinances. Stantec
will coordinate with the developer’s engineer to ensure the Tentative Map is in conformance with the
Subdivision Map Act and will lead the entitlement processing and expediting of the County permits through
their EPICLA web service. Stantec will lead this task concurrently with the Tasks 1, 2, and 3.
Deliverables
• Tentative Tract Map and Final Tract Map Approval from County of Los Angeles
Task 5: Online Community Outreach Plan
Stantec understands that the purpose of the online community outreach plan is to actively engage local
residents, stakeholders, and other affected agencies in developing the City’s EIR Addendum and evaluating
associated environmental issues, as well as providing the public an opportunity to receive information
regarding the entitlements for the residential and park components of the Project. While the City will be
responsible of notifying the public at distinct stages of the process, Stantec will assist with the preparation of
emails with links to Zoom meetings for each of the three meetings planned. Stantec recommends creating a
City website specific to the Project, where members of the public can access calendar events, online surveys,
meeting documents, frequently asked questions, project timelines, and summarizations of past meetings.
Stantec recommends successfully linking this public information to the City’s social media accounts including
Twitter, Facebook, Instagram, etc. for further input from all members of the community.
In cooperation with the City, Stantec will prepare a draft outreach plan for City review and approval. At this
time, it is assumed that Stantec would prepare electronic presentation materials for the Project’s residential
component, the public park component (which we understand is the most controversial aspect of the Project),
and for the citywide presentation. One round of revisions to each of the three presentations is included in this
scope, and three trial workshop sessions will also be conducted to review the format of the meetings and set
the agendas. Stantec will be engaged in the meetings and would be present online to provide responses to
comments and address public concerns about the Project, alongside City staff. Stantec will coordinate with
the City to send website postings/email notifications to local residents, stakeholders, and agencies involved.
The City would conduct its presentation via Zoom teleconference, then provide breakout Zoom
teleconference links, if needed to address specific topics.
Deliverables
• Draft Outreach Plan (electronic submittal)
• Final Outreach Plan (electronic submittal)
• Notice of Meeting Email (electronic submittal)
• Project Website and Social Media Platform
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Reference: Proposal for The Great Park and Residential Project at Rosedale Community Monrovia Nursery Specific Plan
• Draft Presentation Materials (electronic submittal)
• Final Presentations Materials for three (3) Online Public Meetings (electronic submittal)
• Conduct three (3) trial workshop sessions for Online Public Meetings
• Conduct three (3) Online Public Meetings (via Zoom)
Task 6: CEQA Review – EIR Addendum
Stantec will initiate Project activities related to the EIR Addendum, working closely with the City staff to ensure
the development of a detailed project description in compliance with the City’s expectations to demonstrate
that the entirety of the Project is accounted for. Based on Stantec's preliminary review of the Project, it
appears that the modifications are unlikely to result in new significant impacts being identified; therefore, the
following scope outlines the work program for an Addendum to the 2002 certified EIR. As required under
CEQA Section 15164, the Addendum will provide explanation of technical changes or additions to the 2002
certified EIR resulting from the Project. In the EIR Addendum, Stantec will identify which mitigation measures
are applicable to the Project’s scope of work and provide further clarification regarding the applicable
mitigation measures to ensure Project-level applicability and implementation. Furthermore, given the
substantial changes in the Appendix G checklist since 2002, Stantec will base the Addendum on the most
recent Appendix G checklist, and add qualitative evaluations of energy and wildfire.
Potential impacts to tribal cultural resources was added to the CEQA Appendix G Checklist in July 2015 as
a result of the passage and implementation of Assembly Bill (AB) 52; and therefore, this topic was not
evaluated in the 2012 adopted MND. AB 52 is applicable to all CEQA projects for which a Notice of
Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration was filed or issued
after July 1, 2015. Because the Notice of Intent to Adopt a Mitigated Negative Declaration for the 2012
adopted MND was filed before July 1, 2015, AB 52 does not apply to this Project and is not warranted for an
Addendum. However, should the City decide to conduct AB 52 outreach at its own discretion and provide
Stantec with results of the AB 52 consultation, we could summarize the outreach effort in the Addendum.
Stantec will prepare an accurate, thorough, and complete Administrative Draft Addendum for the Project.
Pursuant to CEQA Guideline 15164, the purpose of the Addendum for the Project would be to do the
following: (1) identify the effects determined not to be significant; and (2) explain the reasons for determining
that potentially significant effects would not be significant (if any). The Addendum and associated technical
will provide a factual basis for the determinations made in the Addendum.
Air Quality and Greenhouse Gas Assessment
Stantec will evaluate the changes in the Project in relation to the previous air quality impacts disclosed in the
2002 Certified EIR. Stantec will prepare updated air quality modelling for construction emissions and compare
to the previously disclosed construction emissions using the California Emissions Estimator Model
(CalEEMod), with no more than two (2) modelling runs. Stantec will follow guidance presented by the South
Coast Air Quality Management District (AQMD) in its CEQA Guidelines as the basis for assessing air quality
impacts. Stantec will use the 2002 certified EIR’s analysis as the basis for responding to the CEQA Guidelines
Checklist questions for air quality impacts. Stantec will qualitatively address health risk impacts noting that
the health risks were not previously quantified or addressed in the 2002 certified EIR, but potential health
risks would be correlated to the significant and unavoidable impacts previously disclosed and as such would
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not represent new information. If it is determined later that a quantitative health risk assessment is required,
Stantec will provide a separate scope of work and budget augmentation for review and approval. Stantec will
describe the changes in regulations that have helped to lessen the impacts of construction (e.g. offroad
regulations requiring more stringent emission controls, cleaner vehicles, etc.).
Regarding greenhouse gases, Stantec will provide a qualitative assessment of greenhouse gases emissions
noting that a requirement that the potential environmental impact of greenhouse gas emissions be analyzed
was added to the CEQA Guidelines on March 2010. Thus, the CEQA Guidelines did not require analysis of
greenhouse gas emissions at the time the 2002 EIR was certified.
The effects of GHG emissions do not constitute new information that could have not been known at the time
the 2002 EIR was certified. Stantec will provide a brief write-up noting that the climate change was a known
environmental impact since the late 1970’s. Thus, information about the potential environmental impact of
greenhouse gas emissions was known or could have been known at the time the 2002 EIR was certified.
Since the potential environmental impact of greenhouse gas emissions does not constitute new information
within the meaning of section 21166, subdivision (c), the City does not need to analyze GHG emissions in
this addendum.
Vehicle Miles Traveled
In accordance with Senate Bill (SB) 743, Section 15064.3(b) of the updated CEQA Guidelines was adopted
in December 2018 by the California Natural Resources Agency. The stated purpose of SB 743 and the
resulting vehicle miles traveled (VMT) methodology for CEQA analysis is to facilitate denser infill development
to reduce reliance on single-occupancy vehicles for the purpose of helping to achieve the State's GHG
reduction goals. These revisions to the CEQA Guidelines criteria for determining the significance of
transportation impacts are primarily focused on projects within transit priority areas, and shifts the focus from
driver delay to reduction of GHG emissions, creation of multimodal networks, and promotion of a mix of land
uses. The impact that construction traffic has on GHG was not addressed directly in the 2002 certified EIR;
however, construction traffic is considered temporary and does not result in the perpetual VMT that is being
addressed by CEQA Guidelines Section 15064.3(b). Operational traffic impacts were evaluated in the 2002
certified EIR, but due to the location of the project within a high quality transit corridor, we assume that
operational transportation impacts would be less than significant. As such, a qualitative evaluation of VMT
will be conducted, including such factors as the availability of transit and proximity to local destinations.
Administrative Draft, Screencheck, and “Final” Addendum
Stantec will prepare and submit one electronic copy (Microsoft Word) of the Administrative Draft Addendum
to the City for review. It is assumed that the City will provide one consolidated set of comments on the
Administrative Draft Addendum. Upon receipt of the Administrative Draft Addendum comments, Stantec will
make necessary revisions and prepare and submit one electronic copy (Microsoft Word) of the Screencheck
Addendum to the City for review. It is assumed that comments on the Screencheck Addendum will be editorial
in nature and not require new analysis. Upon receipt of the Screencheck Addendum comments, Stantec will
make necessary revisions and prepare and submit one hardcopy and one electronic copy (both in Microsoft
Word and searchable PDF for website positing) of the “Final” Addendum to the City. Stantec will document
that it has adequately responded to all comments, and where there is a dispute regarding a comment or
direction, Stantec will seek resolution prior to submitting the next draft. Additionally, Stantec will develop and
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maintain the administrative record for the project pursuant to Public Resources Code Section 21167.6(e).
This scope of work assumes that the Addendum prepared for the project will not be circulated for public
review. Although not required, circulation of the Addendum is at the City’s discretion, and this scope of work
does not include a formal response to comments document.
Deliverables
• Draft Project Description (electronic submittal)
• Administrative Draft Addendum (electronic submittal)
• Screencheck Addendum (electronic submittal)
• “Final” Addendum: one hardcopy and one electronic copy (Microsoft Word and searchable PDF)
• Administrative Record (electronic submittal)
Task 7: Project Management and Coordination
Stantec’s Project Managers, Christine and Kevin, will virtually meet with City staff, to review Stantec's scope
of work and the project description to be evaluated in the EIR Addendum, including figures. In addition,
expectations and schedule assumptions regarding the required Project entitlements will also be discussed.
This is assumed to be one 2-hour meeting. To maximize efficiency, Stantec proposes that the kick-off meeting
agenda include but not be limited to the following action items:
• Introductions
• Roles and Responsibilities
• Communication Protocols
• Project Description
• Scope of Work
• Schedule
• Upcoming Deliverables
• Tracking Action Items
• Confirmation of Next Meeting
Stantec shall prepare and submit any revisions to the statement of work based on feedback from the City
within a week of the kick-off meeting. Beyond this initial meeting, Stantec staff will remain in close coordination
with City staff, conducting up to five 1-hour conference calls and ongoing correspondence and coordination.
Additional meetings not discussed in the scope may be attended on a time-and-materials basis with prior
authorization from the City.
Deliverables
• Kick-off meeting (via Microsoft Teams)
• Revised Project Schedule (electronic submittal)
• Conference Calls
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Schedule, Cost and Assumptions
Schedule
The following is the proposed work schedule for the Project. Stantec is committed to meeting the schedule
outlined below and assumes the City would be able to adhere to the identified review periods.
WORK PRODUCT/MILESTONE ESTIMATE COMPLETION
(WEEKS)
Contract Awarded Week 1
Project Initiation Meeting; Receipt of Approved Project Plans, and all
Background Information
Week 1
Draft Project Description for City Review Week 2
Draft Minor Modification for the Land Use Change/Design Reviews Weeks 1-4
Coordinate/Draft Tentative Tract Map Weeks 1-4
Stantec Prepares Administrative Draft Addendum Weeks 1-4
Stantec Submits Administrative Draft Addendum Week 5
City Reviews Administrative Draft Addendum Weeks 5-6
Stantec Revises and Submits Screencheck Draft Addendum to City Weeks 7-8
City Reviews Screencheck Addendum Weeks 9-10
Stantec Finalizes Addendum Week 11
City Hearings TBD
Cost Estimate
The cost estimate for providing the EIR Addendum and planning/entitlement support is $87,312.
A breakdown of tasks is shown below. The cost reflects the scope of work described herein, and associated
expenses.
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TASK BUDGET
Task 1: Minor Modification $5,032
Task 2: Design Review for 23 Single Family Homes $8,820
Task 3: Design Review for Public Park $12,055
Task 4: Preparation of Tentative Tract Map for 23 Single Family Homes and Public Park $4,420
Task 5: Online Community Outreach Plan $20,549
Task 6: CEQA Review $27,524
Task 7: Project Management and Coordination $9,392
Labor Total $86,812
Direct Costs $500
Total Budget $87,312
Assumptions and Disclaimers
This scope of work is considered preliminary and interim in nature. More specifically, it may be subject to
revisions based upon feedback from the City’s review. The assumptions used in determining the above
Project schedule and cost estimate are provided below.
General Assumptions
• The City will provide all technical studies required, as well as details regarding the locations and
characteristics of revised locations.
• It is assumed that the City will provide one consolidated set of comments on each the
Administrative Draft EIR Addendum and Screencheck EIR Addendum.
• Should comments on the Screencheck EIR Addendum require new analysis, a revised scope of
services and fee will be provided.
• Major changes to the Project features, design, schedule or other parameters that precipitate
revisions may warrant a budget augment.
• The above scope assumes no technical studies or modelling will be prepared by Stantec, other
than a maximum of two (2) CalEEMod runs for air quality modelling.
• If detailed review of the Project necessitates preparation of a different CEQA document other than
an EIR Addendum, a separate scope and budget will be provided.
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Reference: Proposal for The Great Park and Residential Project at Rosedale Community Monrovia Nursery Specific Plan
Schedule Assumptions
• Stantec will receive approved Project Description, construction plans, and Project-related
information at the Project initiation meeting.
• The periods shown assume a set amount of time for the City’s review of each submittal. If review
schedules change, the elapsed time of other tasks will be maintained.
• All technical reports will be deemed adequate by the Planning Department when provided to
Stantec for use in the EIR Addendum.
• The City will complete AB 52 consultation, if deemed necessary, and will adhere to the Project
schedule.
Entitlements Deliverables Assumptions
• The City and Developer will provide all Tentative Map documents for proper filing to the County of
Los Angeles Public Works Department.
• All permit fees will be the responsibility of the Developer.
• Assumes no more than three revisions to the Tentative Map and Design Review Application.
Addendum Deliverables Assumptions
• Draft Project Description (electronic submittal)
• Administrative Draft EIR Addendum (electronic submittal)
• Screencheck EIR Addendum (electronic submittal)
• “Final” EIR Addendum: one hardcopy and one electronic copy (Microsoft Word and searchable
PDF for website posting)
• Administrative Record (electronic submittal)
Meetings Assumptions
• Stantec staff Christine Abraham and Kevin Kohan will coordinate and attend:
o One 2-hour kick-off meeting with the City to initiate the Project, as noted in Task 7.
o Up to one 2-hour meeting each for the Administrative Draft EIR Addendum and
Screencheck EIR Addendum.
• Additional meetings not discussed in the scope may be attended on a time-and-materials basis.
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Printing Assumptions
• Assumes all black and white printing (except colored graphics) and that each deliverable is no more
than 100 pages.
• If hard copies are required for the online community outreach presentations, the City would provide
the hard copies to the interested parties.
As we are all aware, we are all working in unprecedented times as a result of the COVID-19 pandemic. The
situation is a very fluid one. Our proposal is based on what we understand as of today but may change as
conditions change. We would be pleased to have a further discussion with you to share our respective plans
and efforts to help manage and mitigate the impact of this evolving situation on your contract.