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HomeMy WebLinkAboutContracts & Agreements_2-1985_CCv0001.pdf SIANDARD C()NTFtACj THIS CONTRACT Is entered Into In the State Of California by and between the city of Redlands, hereafter called the City. and Name Patrick Me-yers/Urban Environs hereafter called Urban Environs dress 300 E. State Street Redlands, CA 92373 Phone 798-4446 ACCOUNT NO. 01-16-19-00 IT IS AGREED AS FOLLOWS : 1. Contractor will perform professional services upon the terms and for the payment all described herein. Such professional services shall result in an environmental impact report legally sufficient under the California Environmental Quality Act and the City of Redlands guidelines, which report shall be prepared and submitted in a manner consistent with accepted professional standards in the community. 2. Contractor shall be an Independent Contractor and not an employ e, nor shall any of its employees or agents or subcontractors be an employee of City. 3. Contractor shall, at Its Soft cost and expense, prepare a rough draft and 0 corrected draft Environmental Impact Report In accordance with the requirements of the California Environmental Quality Act, the Procedures, Objectives and criteria for Implementing the California Environmental Quality Act of the City Of Redlands, and the practices and Procedures of the City of Redlands Environmental Review Committee. The report shall address the environmental impacts of A. Proposed heli top for the Redlands Community Hospital `Reefs ecl, Use Permit No. 355) . The noise portion of the E. I .R. shall be in compliance with "guidelines for noise study reports as part of Environmental Impact Reports", issued by the California Office 'of Noise Control, California Department of Health Services. B. Contractor shall attend all public and Environmental Review Committee hearings as necessary. Meetings with Staff personnel to occur -ds required to complete the E. I .R. C. Contractor shall provide 60 draft E. I . R.'s, 135 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 low and regulations and guidelines. Except as otherwise provided specifically in this contract assistance of City Staff to 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 Contractor'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 Environmental Rel- iew Committee. Contractor shall also provide such a representative at any required hearing of the Environmental Review Committee at which time he shall be prepared to respond to questions raised pertaining to the Environmental 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 duplicaton on either offset or office copier 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 incorporated 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 Committee. Alterations to the Environmental Impact Report arising from the Environmental Review Committee hearing may take the form of an addendum to the Report, or the alterations may be incorporated into the text of the Report. The Environmental Review Board shall determine the manner by which the alterations will be added to the Report. The Environmental Review Committee may, at its discretion, require further review of the Environmental Impact Report at a public hearing before a determination 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 comment period. These copies shall include responses to all comments submitted during the review and comment period. One Copy of the Report shall be delivered loose leaf, reproduced on one side only. 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. 17. As total consideration for performing all the duties of this document, for all costs, expenses and obligations incurred by Contractor, City shall pay Contractor a sum not to exceed $8, 650- 00 This sum to be paid as follows: Contractor shall be paid $1 , 650. 00 at the time the contract is signed. The second payment of 53; 000. 00 shall be paid when the Environmental Review Committee accepts the draft Environmental Impact Report for public review. The third, and final payment, of $4, 000.00 shall be paid after the City Council certifies the E. I .R. and all correction 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 Committee Secretary. 13. Time is of the essence in completion of the duties of this document. The final E.I -R. shall be completed within 9 months from the time the contract is signed. An extension of 90 days may 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 default. Upon such termination, Contractor shall deliver to City all documents, drafts, reports, matrials 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 termination 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 of the total contract sum which will be paid to Contractor. The Environmental Review Committee shall determine the percent of work completed to date of termination. Contractor may be reimbursed for termination costs which shall not exceed ten percent (10%) of the amount paid to Contractor for percent of work completed to date of termination. The Environmental Review Committee shall determine the amount of termination costs to be paid. The total sum paid to Contractor in the event of contract termination 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: Patrick Urban Environs 300 E. State Street Redlands, CA 92373 16. Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees from any and all claims, losses or legal actions arising from any and all of the actions 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 variance from the terms of this contract. "IX CITY OF REDLANDS By L U (Authorzecl 'Si#na'---- turel Title Vice Mayor -rim Joh (State if corporation, company, etc. ) Dated February 5, 1985 Address ATTESTED : CA. Z Dated City Ciet Lorrie PoyZ r