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HomeMy WebLinkAboutContracts & Agreements_14-1986_CCv0001.pdf File: W.O. No. 01-86-23-1 AGREEMENT BETWEEN THE CITY OF RED ANDS AND C M ENGINEERING ASSOCIATES This Agreement, made this 6th day of May 1986, by and between C M Engineering Associates and the City of Redlands WITNESSETH WHEREAS, C M Engineering Associates (C M) has been retained by the City of Redlands (City) to provide Engineering and Planning Professional con- sulting services; WHEREAS, C M as Consultant to the City has the necessary professional engineering and planning skills and expertise to perform as outlined in Scope of Work, attached hereto and made a part of this agreement; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. DESCRIPTION OF SERVICES - C M shall furnish all personnel , material , and facilities necessary to perform the services detailed in Phases I through IV in Scope of Work, attached hereto and made a part hereof. 2. PERIOD OF PERFORMANCE - The term of this Agreement shall be as outlined by the Scope of Work or as extended by mutual agreement. 3. METHODS OF COMPENSATION - Compensation for services rendered pur- suant to Description of Services and Scope of Work will be paid for on the following specified basis: Agreement Page Four IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date first written above. ATTEST: C111T1Y OF REDLANDS N —Te--wl-—Ma_vor 4_,IA Dlj-� CaroTe sck, - It Cler. C M ENGINEERING ASSOCIATES -MydeH*-ppenst—iel , Executive Vice President 4 Agreement Page Three 8. OWNERSHIP - All reports, drawings, renderings, and other documents prepared by C M under this Agreement, shall become the property of City. C M may, however, retain a record copy for its files. 9. CONFIDENTIAL INFORMATION - Work to be conducted pursuant to this Agreement may from time to time involve information considered con- fidentiall or proprietary to C M or the City. In such instances, upon designation of confidential or proprietary information by C M or the City, neither shall disclose or permit disclosure to any third party of such information® 10. RECORDS - Records of services provided and expenses incurred under this Agreement shall be maintained under generally recognized accounting methods and shall be available for audit or inspection by the City at mutually convenient times. 11. ASSIGNMENT - C M agrees that it will not assign, transfer, convey, or otherwise dispose of this Agreement or its right, title, or interest therein without written consent of the City. 12. SUCCESSORS IN INTEREST - The parties hereto each binds itself,., its successors and assigns to the other party, its successors and assigns in respect of all covenants of the Agreement. 13. EXTENT OF AGREEMENT - This Agreement and Attachments contains all of the agreements, representations, and understandings of the parties hereto and supersedes any previous understandings, commit- ments, or agreements, whether oral or written. Further, this Agreement shall only be modified or amended by a written instrument signed by the parties hereto. 14. CHOICE OF LAW - This Agreement shall be interpreted under and subject to the law of the 'State of California. 15. QUALT TY OF PERFORMANCE - The Work performed under this Agreement I r 11 shall be accomplished in a good and workmanlike manner, consistent with high contemporary community standards. 16. ATTORENYSIFEES - In the event of any legal action to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reimbursement of costs and reasonable attorneys ' fees from the other party. 3 NORTHEAST REDLANDS SPECIFIC PLAN SCOPE OF WORK PHASE I: RESEARCH AND ANALYSIS Preparation of: -Existing Land Use map. -Existing General Plan and Zoning Maps. -Existing Public Facilities and Utilities Map. -Environmental Resource/Constraint Map. Phase I Summary and Review with City Staff. PHASE I! : PLAN ALTERNATIVES • Development of three or four Land Use/Circulation Alternative Plans based upon findings of Phase IT . • Phase II Summary of Alternative Plans review with City Staff • Decide upon Preferred Alternative or Modified Alternative Plan. PHASE III : PLAN DEVELOPMENT • Development of: -Draft Land Use/Circulation Plan. -Open Space Plan. -Development Policies and Standards. -Public Facilities Plan. -Flood Control Facilities Plan. -Implementation Program. • Phase III Summary and Review of f Proposed Specific Plan with City Staff. • Prepare Environmental Documentation for Process by City. PHASE IV: PUBLIC REVIEW • Presentation of Proposed Specific Plan at Workshops, Planning Commission and City Council Meetings (Total of Four Meetings) . • Respond to Comments on Proposed Specific Plan. • Phase IV Summary and review of Proposed Final Specific Plan with City Staff • Prepare Final Specific Plan for Adoption by City. Agreement Page Two 3.1 Firm Fixed Price - A lump sum of $38,900.00 paid in increments based upon percentage of completion of Phases I through IV of Scope of Work. Materials and other costs of reproduction ser- vices of this Agreement shall be reimbursed based upon C M's actual costs plus 20 percent for overhead. Total compensation for professional services shall not exceed $38,900.00. Costs of materials, reproduction costs and mailing expenses shall be in addition and is estimated at $750.00. 3.2 Phases of Scope of Work on percentage of compensation: Phase 1 - Research, analysis and preparation of existing conditions maps. Percentage--20 percent Phase II - Plan alternatives Percentage--20 percent Phase III - Plan Development Percentage--40 percent Phase IV - Public Review and City Adoption Process Percentage--20 percent 4. INVOICES - C M will submit invoices monthly to the City for ser- vices rendered based on percentage of phase work completed. Payment to C M will be due upon receipt of invoice by the City. S. TERMINATION -The City at any time shall have the right to terminate this agreement. Notice of termination shall be made in writing and shall become effective upon receipt by C M. C M shall have the right of payment for all work performed prior to receipt of the Notice of Termination. 6. CHANGES AND EXTRA WORK - The City and C M by mutual agreement at any time may by written authorization make changes in the Scope of Work. If such changes result in an increase or decrease in the level of C M's services to be provided, C M shall make a claim in writing for an adjustment to its compensation. 7. RESPONSIBILITY - All services to be provided by C M under this Agreement shall be performed in accordance with the highest stan- dards of professional practice. C l shall bear all responsibility for the adequacy and accuracy of service rendered and document's prepared pursuant to this Agreement. 2