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Home My WebLink AboutContracts & Agreements_117-2000_CCv0001.pdf . . AGREEMENT FOR THE PROVISION DF PROFESSIONAL AVIATION CONSULTING SERVICES This agreement for the provision of aviation consulting services (this"Agreement") is made and entered into this 7th day VfNovember, 2OOU, hyand between the City OfRedlands, @municipal corporation (hereafter"Cib/") and Shutt Moen Associates (hereafter"COD8u|t8OC'\ In QOOSidS[at|On of the nlutU8( pn3[DiS8S contained herein, the City OfRedlands and Shutt Moen Associates hereby agree asfollows: ARTICLE 1-ENGAGEMENT OF CONSULTANT 1.1. Engagement of Consultant. City hereby retains Consultant 0operform professional aviation consulting services (the "Services") associated with City's evaluation ofhelicopter flight patterns and land use compatibility issues at the Redlands Municipal Airport. |tiSthe City's desire to provide for the accommodation of both the current helicopter flight pattern and City's proposed sports park all as set forth in the Consultant's Proposal which is attached hereto as Exhibit"A" and incorporated herein by this reference. Consultant's Services shall ino|ude, but not be limited to. identifying actions which can be taken by City to facilitate development of the sports park, including (1) aOanalysis ofwhether helicopter flight patterns are governed byCity's Land Use Compatibility Plan; (2) an analysis of flight pattern alternatives for the existing he|ipod. (3) suggestions for obtaining @Dp[OVa|S of helicopter flight pattern n0OdifiC8tiODS through appropriate regulating agencies, (4)an analysis of interim compatibility plan modifications, (5)the preparation of adequate State and Federal environment analysis and documentation. Consultant shall determine the method, details and means of performing the Services, and Consultant shall perform the Services to the bets ofits ability and with the ski||, expertise and level of competency presently maintained by Other p[8[t|Cjng professionals providing similar service in the industry. ARTICLE 2-PROJECT DE.SCRIPTION 2.1. Proiect Description. The proposed project iStOev8|U@te the helicopter flight pattern and land use compatibility issues atthe Redlands Municipal Airport and find @way tOaccommodate both the current helicopter flight training activity and the proposed new city sports park. RgSo(UtiOO Ofthis issue will impact the City OfRedlands' ability tOproceed QDthe processing and development Ofthe sports park. 1 1:m)m\Agmmmentsm051Ohuumoon,wpd , ^ ARTICLE 3-AIDDITIONAL SERVICES 3.1. Subcontractors. COnSVK@Dt may [St8O sUbQ0Otr@CtVrS in COOneCtk]n with its performance of the Services, subject to the prior written consent by City� Consultant's key personnel for performance 0fthe Services are @Sfollows: Kenneth A. BR]dy, Senior Planner K4iCh@e| R. K8CC|intOCh, Senior Planner Consultant 3g[8eS that these key personnel Sh@|| be principally neSpODSib|8 for the performance of the Services, and that such personnel shall not be replaced without prior consent of City. 3.2. Insurance. Consultant shall procure and maintain, as its sole cost and expense during the entire term of this Agreement including any extension thereof, the following policies of mSUr8OD8: (8) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit Of$1.00O.0000r(ii)bodily injury|imits0f$1.00U.ODOperp9rSon,$5DO.00O.00 per occurrence and property damage |i0|tS of $100,000.00 per occurrence and $100'000.00 in aggregate. (b) A policy of worker's ConnpenS@dOn insurance iDsuch amount 8Swill fully comply with the laws ofthe State OfCalifornia and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim O[ damage arising form any injuries or occupational diseases occurring to any worker employed by or any persons retained 8S8Oemployee byConsultant |Dthe course Ofperforming the Services require bythis Agreement. (C) Automotive Insurance. A policy of comprehensive aUbJ[nObU8 liability insurance written on a per occurrence basis in an amount not less than either(i)bodily injury|iabi|itv limits of$500,000 per person and $1,000,000 per occurrence and property damage liability limits Of$1OO`OOO.DOper occurrence and$25O.00O.00inthe aggregate O[(ii)combined single limit liability of $500,000.00. The policy Sh8|| iDC|Ud8 COVe[8ge for owned, non-owned, leased and hired vehicles. 1:m)m'Ageemunm\5051Shvmwoen,wpd 2 ^ . ARTICLE 4- SCHEDULE, TERMINATION AND MISCELLANEOUS PROVISIONS 4.1. Schedule for Completion, Time is[dthe essence and the work described inExhibit � shall be Completed at the earliest possible date. Phase | shall be Completed not later than February 20, 2OO1. The Contractor shall be expected b}provide follow Upwork per Exhib|f1\.^and the fee schedule identified 8SExhibit ^B'" aSdirected bythe City, and shall attend related public hearings before the City Council as they are scheduled and other public bodies as the City may direct. City and Consultant further recognize that delays could occur for reasons outside the control of Consultant. If this situation occurs, an extension of due date shall be permitted by City� 4.2. Fee. |nconsideration for Consultant's performance Ofthe Services, City shall pay to Consultant an amount not to exceed$12,000 in accordance with the contract provisions of Exhibit "A'' and fee schedule, Exhibit^B." Payment toConsultant shall bemade upon the City's receipt of @nitemized invoice describing the items for which payment isrequested. All billings are due and payable within 3Odays ofthe date they are mailed. 4.3. Termination. City may terminate this Agreement atany time,without cause, byprior written notice bJConsultant. Upon such termination, Consultant shall deliver 0oCity all documents, reports, materials and work Ofany D8tV[8 pertaining to this Agreement and in the pOSSeGS|OD or under its oDDtnD|. In such an event, Consultant shall be paid for the work performed under this Agreement to the date of termination costs which would be strictly time and reimbursable expenses. 4.4. Indemnification. Consultant shall defend, indemnify and hold harmless the City and its elected offiCiG|S. OffiCenS and employees from and against any and all liability arising out of or resulting from the negligent performance of this Agreement by Consultant, and its employees and its agents. 4.5. Independent Contractor. This Agreement iSfor professional services and does not make the employees of Consultant employees Of City for the purpose of payroll deductions, unemployment insurance, Orany other benefits. Consultant shall a[all times retain the status Of8n independent contractor. 4�6. Nondiscrimination. 0U[iOg the performance Ofthis Agreement, Consultant agrees that COOSU|taDt shall not discriminate OD the grounds of race, C0|O[. O8tiOOa| origin, Sex, sexual orientation or disability, including the rD8diC8| cUOdiUUO of Acquired |OlnlUDe Deficiency 8yDdnOr0e 1:\djm'Ageemeots'%5051ShvuMoen.wpd 3 ' ( \|D8) Orany condition related thereto in the selection and retention of employees and sub- consultant and the procurement Ofmaterials and equipment. 4.7. Ownership of Documents. The reports, dg]vv|OgS. maps and Other COnt[@Ct documents prepared under this agreement by Consultant shall be and remain the property of City upon compensation OfConsultant for its services herein described. 4.8. Assignment. Neither this Agreement, nor any duties or obligations under this Agreement, shall be assigned by Consultant without prior written consent of City. Any assignment or attempted assignment without such consent shall be void and unenforceable and may,at the sole discretion of City, r8SU|t in the immediate terrDiO8UOD of this Ao[8ernSOt. 4.9. In the event any action is CO00rnenC8d to enforce or interpret the terms orconditions ofthis Agreement the prevailing party shall, iDaddition 03any costs and other relief, beentitled tOthe recovery ofits reasonable attorney's fees. 4.10. Entire Agreement. This Agreennentsupersedes any and all other agreements,either verbal or in writing, between the parties hereto with respect to the matters contained herein. Each party to this Agreement acknowledges and agrees that no representation, inducements, promises or agreements, verbals or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that noother agreement, stipulation O[promise not contained iDthis Agreement shall bevalid O[ binding ODeither party. 4.11. Books and Records. Consultant shall maintain books and accounts ofall project related costs and all expenses. Books shall beavailable Gtall reasonable times for examination byCity 8t the office OfConsultant. � � � � � � � � � 1Adjm\Agreemonum5051S»umwmwn.wpd 4 4.12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. CI4OF REDLANDS Date: 11 /28/00 Gary George, Mayor Pro Tem Attest: Lorri Pdyzer, i` C rk CONSULTANT I ll Date: Michael A. Shutt, P.E. I:.djm'Agreementsl5051 shuttMoen.wpd 5