HomeMy WebLinkAboutContracts & Agreements_82-96_CCv0001.pdf AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
This agreement for the provision of consulting services (this "Agreement") is made and
entered into this 9th day of January, 1997, by and between the City of Redlands, a municipal
corporation (hereafter "City") and Smith, Peroni & Fox, Planning Consultants, Inc.- a California
corporation. (hereafter "Consultant").
In consideration of the mutual promises contained herein, the City of Redlands and Smith,
Peroni & Fox, Planning Consultants, Inc. hereby agree as follows:
I Engagement of. Consultant. City hereby retains Consultant to perform professional
environmental consulting services (the "Services") associated with City's environmental
review of the Redlands Fashion Plaza project (the "Project") as set forth in the Scope of
Services attached hereto as Exhibit "A" and incorporated herein by this reference.
Consultant's Services shall include,but not be limited to, the preparation of an Initial Study
Project Description, Notice of Preparation, Draft Environmental Impact Report, Notice of
Completion, Final Environmental Impact Report, Mitigation Monitoring Program,
Statement of Facts and Findings, associated supporting technical documents and Notice of
Determination all in accordance with the Scope of Services for the Project. The Project
encompasses approximately 356 acres of land and proposes a combination of site planned
areas and unplanned land uses. The area with a site plan includes a 1,759,000 square foot
regional mall, an 80,000 square foot movie theater, 177,000 square feet of development on
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satellite commercial pads, and a 667,000 square foot power center, and a 64,000 square foot
medical center. The balance of the property is designated for commercial/industrial uses.
The applicant for the Project is requesting approval of(1) an amendment to City's General
Plan, (2) an amendment to the East Valley Corridor Specific Plan to revise circulation
elements and development envelopes, (3) the approval of a new Concept Plan No. 6 to
replace Concept Plan 1. ( 4) an amendment to Concept Plan No. 3, (5) a development
agreement,(6)a parcel map, and (7) an amendment to Specific Plan 42. Consultant shall
determine the method, details and means of performing the Services, and consultant shall
perform the Services to the best of its ability and in accordance with the skill, expertise and
level of competency presently maintained by other practicing professionals providing similar
services. Consultant shall prepare all environmental documents required by this Agreement
in conformance with the California Environmental Quality Act requirements and with State
and City's local guidelines.
2. Limitations on Services, This Agreement is entered into by Consultant without the benefit
of its review of any comments submitted in response to a Notice of Preparation of a Draft
Environmental Impact Report for the Project. It is Consultant's opinion that the
Environmental Impact Report requires this public input. Consultant shall be responsive to
public concerns expressed through this process. Hovvever, this Agreement is based on a
specific Scope of Services as described herein. Should responses to the Notice of
Preparation result in issues requiring additional analysis beyond the Scope of Services
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described herein, Consultant and City may enter into negotiations regarding the costs of such
potential unforeseen effort,
Subcontractors. Consultant may retain subconsultants and subcontractors in connection
with its performance of the Services, subject to prior consent by City.
The Consultant's key personnel for performance of the Services are as follows:
Mike Peroni
Paul DePolitis
Consultant agrees that these key personnel shall be primarily responsible for the performance
of the Services,and that such personnel shall not be replaced without the prior concurrence of City.
Consultant further represents that these key personnel shall each expend 75% of their time
performing the Services for City during the term of this Agreement.
4. Insurance. Consultant shall procure and maintain, at its sole cost and expense during the
entire term of this Agreement including any extension thereof, the following policies of
insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive general
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liability insurance written on a per occurrence basis in an amount not less than either(i) a
combined single limit of$1,000,000 or (ii) bodily injury limits of$1,000,000 per person,
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$500,000.00 per occurrence and property damage limits Of$100.000.00 per occurrence and
$100-000-00 in the aggregate.
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(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
such amount as will fully comply with the laws of the State of California and which shall
indemnify,insure and provide legal defense for Consultant against any loss,claim or damage
arising from any injuries or occupational diseases occurring to any worker employed by or
any persons retained as an employee by Consultant in the course of carrying out the work or
Services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per occurrence basis in an amount not less than either(1) bodily injury liability
limits of$500,000 per person and $1,000,000 per occurrence and property damage liability
limits of$100.000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined
single limit liability of$500,000.00. Said policy shall include coverage for owned, non-
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owned. leased and hired cars.
5. Schedule for Completion The schedule for completion contained in Exhibit A illustrates a
time frame for report preparation that has been determined by City and the project applicant.
The schedule is extremely ambitious, but Consultant shall make every effort to comply with
the demands it imposes. City has requested that preparation of the Screencheck Draft
Environmental Impact Report will take three (3)) months after City has authorized
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Consultant to commence work. Response to Comments and preparation of the Final
Environmental Impact Report is dependent on City scheduling, However, Consultant may
have the final document ready for distribution within two (2) weeks of closure of the
comment period.
City and Consultant further recognize that delays could occur for reasons outside the control
of Consultant. In the event of such occurrance, an extension of the due date may be
permitted by City.
6. Fee. In consideration for its performance of the Services, City shall pay to
Consultant an amount not to exceed $275,000 in accordance with the provisions of
Exhibit C of Consultant's Scope of Services. Payment to Consultant shall be made
upon receipt of an itemized invoice describing the itemized invoice outlining the
items for which payment is requested. Invoices shall document the status of the
Services associated with the fees billed. All billings are due and payable within 30
days of the date they are received by City.
7. Termination. City may terminate this Agreement at any time,with us
out cause,by prior
written notice to Consultant. Upon such termination-, Consultant shall deliver to City
all documents, reports, materials and work of any nature pertaining to this
Agreement and in the possession of Consultant or under its control. In such event.
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Consultant shall be paid for the work performed under this Agreement to the date
of termination,
8, Indemnification. Consultant shall defend, indemnify and hold harmless City and its
elected officials,officers and employees from and against any and all liability arising
out of, or resulting from, the performance of this Agreement by Consultant, and its
employees and its agents.
9. Independent Contractor. This Agreement is for professional services 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 retain the status of an independent contractor.
10. Nondiscrimination. During the performance of this Agreement, Consultant agrees
that Consultant shall not discriminate on the grounds of race, color,national origin,
sex, sexual orientation or disability, including the medical condition of Acquired
Immune Deficiency Syndrome (AIDS) or any condition related thereto in the
selection and retention of employees and sub-consultant and the procurement of
materials and equipment.
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1 l. Ownership of Documents The reports, drawing,maps and other contract documents
prepared under this agreement by Consultant shall be and remain the property of City
upon compensation of Consultant for its services as herein described.
12. Assignment Neither this Agreement, nor any, duties or obligations under this
Agreement, shall be assigned by Consultant without the 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, result in the immediate
termination of this Agreement.
13. 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 other relief, be entitled to the recovery of its reasonable attorneys' fees.
14. Entire Agreement This Agreement supersedes 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, verbal or otherwise,have been
made by any party, or anyone acting on behalf of any party, which ar not embodied
herein, and that no other agreement, stipulation or promise not contained in this
Agreement shall be valid or binding on either party.
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15. Boobs and Records Consultant shall maintain books and accounts of all project
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related costs and all expenses. Books shall be available at all reasonable times for
examination by City at the office of Consultant.
16. Governing Lau This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
CITY OF REDLANDS
Dated:_Jan nary 28 1997
Swen Larson,;Mayor
Attest:
L orrie P yzer, Ci 1 rk
CONSULTANT
Dated: �
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Richard J. ziith, President
Smith, Peropi &Fox
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EXHIBIT A -SCOPE OF SERVICES
Redlands Fashion Plaza It.I11 Sc---of Services
Redlands Fashion Plaza
Task Tae � Duration
Jan FebMar �u�a Jul
FB-seline
tract Authorised 0.00 d ;— ____..__._ ._.�__.�... ___ .._.__.._ ___._ _... ..
oject Description Complete 0.00 d
Initial Study 1.80 w
mment Period 1.06 m
Environmental Studies 0.00 w
Traffic Study 6.80 w
Air/Noise Study 4.00 w
Biology Study
5.60 w
Archaeological Study 5.60 w
Geotechnical Study 5.60 w
Economic Study 5.60 w
Civil Engineering Review 5.60 w
Prepare DIS IR 2.48 m
Screencheck Reviews 13.50 d
Plan Cornmis Transmittal - CP #6 0.00 d
Notice of Completion A
2.00 d C
45 Day Review Period 33.00 d
Statement of Overriding Considerations 15.00 d
Prepare PEIR (Response to Comments
15.00 d
Plan Commis Study Session 0.00 d
Send Agency Comment Response Ltrs 0,00 d
ERC Meeting 0.00 d
Plan Commis Hrng - all actions 0.00 d L
City Council i-irng - all actions 0.00 d Z�
EIR Certification 0.00 d
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Pr ote& Jan/31/97
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