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HomeMy WebLinkAboutContracts & Agreements_108-2017 AGREEMENT FOR THE PROVISION OF PROFESSIONAL AIRPORT COMPATIBILITY AND ENVIRONMENTAL CONSULTING SERVICES This agreement for the provision of airport compatibility and environmental consulting services (this "Agreement") is made and entered into this 6th day of June, 2017, by and between the City of Redlands, a municipal corporation (hereafter "City") and Coffinan Associates (hereafter "Consultant"), who are sometimes referred to herein individually as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant hereby agree as follows ARTICLE I -ENGAGEMENT OF CONSULTANT 1 1 EnRa�-ement of Consultant City hereby retains Consultant to perform professional airport compatibility and environmental review consulting services (the "Services") in connection with City-s preparation of an airport compatibility study as required by and in accordance with the California Environmental Quality Act ("CEQA") and the State and City's CEQA Guidelines, and associated with City's environmental review of a proposed revision to a Conditional Use Permit to provide for expanded operational hours to permit live entertainment, the addition of food track vendors, expanded eating and tasting areas, and other types of entertainment on an approximately 3-acre site located at 1710 Sessuims Drive, near City-s airport, in the City of Redlands (the "Project"), in the City of Redlands (the "Project") as set forth in the Scope of Work which is attached hereto as Exhibit "A" and incorporated herein by this reference, and upon the terms and conditions described herein Consultant shall determine the method, details and means of performing the Services and shall perform the Services to the best of its ability and with the skill, expertise and level of competency presently maintained by other practicing professionals providing similar services in the industry ARTICLE 2 - COMPENSATION 21 Compensation As compensation for its performance of the Services, City shall pay to Consultant on a time and materials basis, in accordance with the hourly rates and cost estimates of expenses contained in Exhibit "B," an amount not to exceed Two Thousand Five Hundred Dollars ($2,500) Payment to Consultant shall be made monthly, upon City's receipt of an itemized invoice describing the items for which payment is requested Invoices shall document the status of the Services associated with the fees billed, and are due and payable within thirty(30) days of the date they are received by City ARTICLE 3 -INSURANCE AND INDEMNIFICATION 3 1 Consultant's Insurance - General Reauirements All insurance required by this Agreement shall be maintained by Consultant for the term of this Agreement Except for Workers' Compensation and employer's liability insurance, City shall be named as an additional insured for such policies and such insurance shall be primary with respect to City and non- 1 11ca1djm\Agreements\Coff man Consulting doe 9 contributing to any insurance or self-insurance maintained by City The insurance policies shall include provisions prohibiting cancellation of the policies except upon thirty (30) days prior written notice to City Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of the Services 3 2 Workers' Compensation and EmWover's Liabilitv Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the term of this Agreement in an amount which meets statutory requirements with an insurance carrier acceptable to City 3 3 Comprehensive General Liabilitv Insurance Consultant shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required 34 Business Auto Liability Insurance Consultant shall secure and maintain business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all Consultant-owned vehicles used to perform the Services, hired and non-owned vehicles, and employee non-ownership vehicles 3 5 Assignment and Insurance Requirements Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement ARTICLE 4 - SCHEDULE TERMINATION AND MISCELLANEOUS PROVISIONS 41 Schedules for Completion The schedule for completion contained in Exhibit "A" illustrates a time frame for document preparation that has been established by Consultant City and Consultant recognize that delays could occur for reasons outside the control of Consultant If this situation occurs, an extension of the due date for completion may be permitted by City 42 Suspension Consultant acknowledges that the developer of the Project is obligated to fund all costs incurred by City under this Agreement and to cooperate with City by providing information and data relating to the Project, and that the developer is required to make periodic advance payments to City in connection with this Agreement If the developer of the Project fails to make any required payment to City, or if the developer fails to cooperate with City by failing to provide City with information or data relating to the Project, Consultant acknowledges that City shall have the right to require Consultant to suspend or cease work under this Agreement without liability to Consultant 2 11ca1dJmlAgreements\Coffman Consulting doc 43 Termination City may terminate this Agreement at any time, without cause, by providing five (5) days prior written notice to Consultant Upon such termination, Consultant shall deliver to City all documents, reports, materials and work of any nature pertaining to the Services to be performed under this Agreement that are in the possession of Consultant or under its control In such event, Consultant shall be paid for the Services performed to the date of termination based on time and reimbursable billings The total sum paid to Consultant in the event of termination of this Agreement shall not exceed the sum set forth in Section 2 1 hereof 44 Hold Harmless and Indemnification Consultant shall indemnify, hold harmless and defend City, and its elected officials, officers, employees and agents, from and against any and all claims causes of action, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentional wrongful act or omission of Consultant,and its officers, employees and agents, in performing the Services 45 Independent Contractor This Agreement is for the performance of professional services to City and does not make the employees of Consultant employees of City for the purpose of payroll deductions, unemployment insurance or any other benefits Consultant shall at all times during the term of this Agreement retain the status of an independent contractor 46 Notices Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (in) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City Consultant Chris Boatman,Director Dave Fitz Quality of Life Department Coffman Associates City of Redlands 237 NW Blue Parkway, Suite 100 PO Box 3005 Lee's Summit, MO 64063 Redlands, CA 92373 47 Nondiscrimination During the performance of this Agreement, Consultant shall not discriminate on the grounds of race, color, national origin, sex, sexual orientation or disability, or any condition related thereto in the selection and retention of employees and sub- consultants and the procurement of materials and equipment 48 Ownership of Documents The reports, drawing, maps and other documents prepared under this Agreement by Consultant shall be and remain the property of City upon compensation of Consultant for its Services 49 Attornevs' Fees In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and 3 I 1ca\djm\Agreements\Coffman Consulting doe other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 4 10 Entire Agreement This Agreement supersedes any and all other agreements, either verbal or in writing,between the Parties with respect to the matters contained herein Each Party to this Agreement acknowledges and agrees that no representations, inducements, promises or agreements, verbal or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, stipulation or promise not contained in this Agreement shall be valid or binding on either Party 411 Books and Records Consultant shall maintain books and accounts of all Project related costs and all expenses Books shall be available at all reasonable times for examination by City at the office of Consultant 4 12 GovermnR Law This Agreement shall be governed by and construed in accordance with the laws of the State of California 413 No Third Parties Beneficiaries This Agreement shall not be deemed to confer any rights upon any third parties as beneficiaries of this Agreement(including,but not limited to, the developer of the Project), nor obligate either of the Parties to this Agreement to any person or entity not a Party to this Agreement 414 Venue In the event that any legal action should be filed by either party against the other, the venue and forum for such action shall be the Superior Court of the State of California for the County of San Bernardino or in the Federal District Court for the Central District of the State of California Each of the persons and entities who are shareholders or partners of Owner also agree to this venue and forum and fiirther agree that, if they are not residents of California at the time of such actions, service of process may be made on them by delivery via United States registered or certified mail CITY OF REDLANDS MAN ASSOCIATE Paul W Foster,Mayor &ave Fitz, AI Attest nne Donaldson, City Clerk 4 I 1ca1djmlAgreementslCoffman Consulting doc EXHIBIT"A" SCOPE OF WORK Task 1 —Provide airport land use expertise on an application to expand a facility used as a brewery/tasting room adjacent to the Redlands Municipal Airport Deliverables ➢ Evaluate the Hangar 24 application and staffs reports ➢ Provide recommendations on how project relates to the ALUCP and whether finding(s) are required If findings are required, determine what finding(s) are appropriate and support on preparing the findmg(s) > Provide analysis on consequences of adopting the finding Task 2—Environmental Review Services Deliverables ➢ Provide recommendation on the appropriate CEQA process EXHIBIT "B" HOURLY RATE SCHEDULE HOURLY RATE Principal $29200 Senior Professional $24500 Professional $19000 Techmcal/Support $12600 5 1 1ca1djmlAgreements\Coffrnan Consulting doc