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HomeMy WebLinkAboutContracts & Agreements_35-1986_CCv0001.pdf STANDARD CONTRACT THIS CONTRACT is entered into in the Stat-- of California by and between the City of Redlands, hereinafter caviled the Cit-, and Nam C-1 ENGINEERING ASSOCIATES CONSULTANT Address P.O. Box 6087 San Bernardino, CA 92412 Phone ( 14) 884-8804 ACCOUNT NO. 01-1600-2190 1S AGREED AS S'V.1LOWS 1. Contractor will perform professional services upon the ter and for the payment all described herein. Such professional services shall result in an environmental impact report legally sufficient € rider the a"U'Lor .i nviron ental Quality Act and the City of Redlands guidelines, which report shall be prepared and submitted in a manner consistent with accepted professional standards ire the community. 2 . Contractor shall be an Independent Contractor and not an employee, nor shall anv of its employees or agents or subcontractors be an employee of City. . Contractor shall , at its sole cost and expense, prepare a rough draft and a corrected draft Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act, the procedures obiectives and criteria for impl.e- m ming the California Environmental Quality Act of the Cit-y of Redlands, and the practices and procedures of the City of Redland Environmental Review Committee. The report shall address the environmental impactof: A. Proposed 303 residential lots on 260 acres located south of Sunset Drive, north of Live Oak Canyon .Road, west of Helen Drive and east of Edgemont Drive. The Environmental Impact Report shall address all issues of the California Environ- mental Quality Act Guidelines. The items that require focused etude are: 1. %radi.ng, including amount and a map showing all cut and fill slopes along with a text identifying the aspects to the soil. 2. Septic tank use and its impact to ground water quality. 3. Impacts to animal and plant life. (A Biological Assess- ment has been prepared by Lawrence F. LaPoe, Ph.D. ) 4. Impacts to adjacent properties from potential growth. 5 . Drainage information, including increased volume and how it will be handled and where it will go. 6. Circulation plan of subdividing properties showing how 1' t will fit into the circulation patterns of the adjacent properties. 7® Traffic impacts to Live Oak Canyon and specifically to property owners C.P. Stockton and Jack W. Sessums. (A Traffic Study has been prepared by Lawrence S. Eisnhart) 8. Alternative density plans for larger lots of 1.5 to 3 acre sites or the development of a Property Residential District must be considered. 9. Prior to further processing of this Tentative Map by the City, the applicant is to meet with residents of the area and learn firsthand of their concerns. 10. Cumulative impacts of this project, especially the po- tential impacts to San Timoteo Canyon. l® Redlands D4 unified School stricts concern for the need .L - of an additional school site and its circulation. l2® Coordination off existing horse trails and jogging trails with the development. 13. Potential drainage impacts on the property of Mr. Ross Edwards. 14. Impacts to local feeder s1L.-reets, i.e. , Edgemont, Ross- most, Sunset. B. Contractor shall attend all public and Environmental Review Coutmittee hearings as necessary. Meetings with Staff person- nel to occur as required to complete the E.I.R. Meetings to be held at Redlands City Hall, 1.0 Cajon Street. C. Contractor shall provide 60 draft E. I.R. ' s, 15 Preliminary Final E. I.R. ' s and 5 Final E.I.R' s. 4. The corrected draft Environmental Impact Report shall satisfy the requirements of the sponsoring agency according to the above law and regulations and guidelines. Except as otherwise provided specifically in this contract, assistance of City staff "Co Contractor shall be limited to supplying of source documents when necessary on City premises. No compiling of data shall be done by City staff. 5 . The members of the Cont-ractor ' s staff, and other parties whom Contractor will procure to contribute to the preparation of the Environmental Impact Report, and the nature of such contributions shall be set forth in this document. 6. Contractor shall provide at least one representative of Contractor to meet at City premises with, and consult with, City staff prior to the hearing of the Envi.ronimental Review Committee. Contractor shall also provide such a representative at any required hearing of the Environmental Review Co=dittee at which time he shall be prepared to respond to questions raised pertaining to the Envi- ronmental Impact Report. 7. All drafts and reports sent by Contractor to City shall be in a normal format for an Environmental Impact Report, double spaced and suitable for duplication on either offset or office Cop4er method. The completed draft Report shall be reproduced on both sides of each page. 8. On or before Contractor shall submit to City a rough draft of the Environmental Impact Report with copies of same. City staff may require amendments, corrections and/or supplemental material, all pursuant to the requirements mentioned in Paragraph Four (4), above. 9 . Within one week after receiving the rough draft back from the City staff, Contractor shall submit to City a corrected draft of the Environmental Impact Report with copies of same. Any alterations to the rough draft as determined by City staff shall be incorpor- ated into the corrected draft. 10. If the draft Environmental Impact Report shall have to be further altered before the Environmental Review Committee will approve same, Contractor shall make the alterations as required by the Environmental Review Conmittee. Alterations to the Environmental Impact Report arising from the Environmental Review Committee hearing may take the fore, of an addendum to the Report, or the alterations may be incorporated into the text of the Report. The Environmental Review Board shall deter M4 Lne the manner by which the alterations will be added to the Report. The Environmental Review Coin.mittee may, at its discretion, require further review of the Environmental Impact Report at a public hearing before a deter- mination on adequacy of the Report is made. Contractor shall deliver copies of this Preliminary Final Environmental Impact Report within two weeks after the City delivers all comments received during the review and concent period. These copies shall include responses to all comments submitted during the review and comment period. Qne Cg -o f thk RgZQjt1- - all b delivered J_Qos eprodcd 2n DA±_ g1de p 11. Contractor shall not be responsible for alterations or addenda requiring lengthy treatment or new research, when such alterations or addenda result from new information which could not have been anticipated at the time of contract initiation. An example of such unanticipated new information would be a redesign of the project after contract initiation. in this event, the City may elect to negotiate a new contract with Contractor or another party for completion of additional work required. However, Contractor shall be responsible for alterations or addenda to the Report for items which were anticipated at the time of contract initiation and for which additional comment was required during review of the Report. 12. As total consideration fo.- performing all "L,-.he duties of this doc- ument, for all costs, expenses and obligations incurred by Contractor, City shall pay Contractor a sum not to exceed —$17,100.00 This sum to be paid as follows: Contractor shall be paid _$5 ,700.00—at the time the contract is signed . The second payment of _$5,700.00 shall be paid when the Environmental Review Committee accepts the draft Environ-mental Impact Report for public review . The third , and final payment of $5 ,700 . 00-—-—-------------shall be paid after the City Council certifies the E. I.R. and all corrections as requested by City Council, have been incorporated into the final E.I.R. and 5 copies of the document have been delivered to the Environmental Review %Com� it4t'_-ee Secretary. 13. Time is of the essence in completion of the duties of this document. The final E.I.R. shall be completed within _12- months from the time the contract is signed. An extension of 90days to be given by staff, upon showing of good cause. 14. As its option the City may terminate the contract at any time by written notice to Contractor, whether or not Contractor is in de- fault. Upon such Leri ination, Contractor shall deliver to City all document-s, drafts, reports, materials and work of any nature pertaining to this document and in the possession of Contractor or under its control. In such event Contractor shall be paid for the work performed under contract to date of termination and for ter- mination costs. Payment for work completed under contract- to date of termination shall be made strictly on the basis of the percent of work completed under the terms of this document. The percent of work completed to date of termination shall be the percent the total contract sum which will be paid to Contractor The Environmental Review Committee shall determine the per cent of work completed to date of termination. Contractor may be reimbursed for termination costs which shall not exceed ten per cent (10%) of the amount paid to Contractor for percent of work completed to date of termination. The Environmental Review Com mittee shall determine the amount of termination costs to be paid. The total sum paid to Contractor in the event of contract termina- tion cannot exceed the total amount of the contract as set forth in Paragraph Twelve (12) . In the event of termination, the City may complete the Environmental impact Report with its own staff or contract with another party to do the same, in any event using any and all materials existing at such time. 15 . All memoranda, reports, drafts, communications, or Environmental Impact Reports to be sent to City under the contract shall be sent to: Environmental Review Committee City of Redlands 30 Cajon Street Redlands, CA 92373 All such being sent to Contractor shall be sent to: C-M Engineering Associates P.O. Box 6087 C San Bernardino, CA 92412 16 . Contractor shall indemnify, defend and hold harmless City, its -0 officers, agents and employees from any and all claims, losses or ,-' legal actions arising out 0 0 of errors, omissions, and negligent acts of Contractor, its .. employees, agents or subcontractors pertaining to the contract. 17. The contract described herein is not assignable. 18 . The Environmental Impact Report prepared under the specifications of this Contract shall be either a Focused Environmental Impact Report or a Full Environmental Impact Report as required by the Environmental Review Committee. 19. For purposes of the contract, the City of Redlands Environmental Review Secretary shall be considered the Contract Administrator. There must be a written authorization from the City for any vari— ance from the terms of this contract. C M ENGINEERING ASSOCIATES A CITY OF REDLANDS BY_2�_"(�u'��ho zed �Sign�ature) � Clyde Hippenstiel BY L Title Executive Vice President Mayor, City of Redlands ATTEST: A California Corporation (State if Corporation, etc. ) 'd ss 225 East Airport Drive Addre y Clerk 0 Re ands�� San Bernardino, CA 92412