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HomeMy WebLinkAboutContracts & Agreements_97-2000AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This agreement for the provision of environmental consulting services (this "Agreement") is made and entered into this 5th day of September, 2000, by and between the City of Redlands, a municipal corporation (hereafter"City") and Helix Environmental Planning, Inc. (hereafter "Consultant"). In consideration of the mutual promises contained herein, the City of Redlands and Helix Environmental Planning, Inc. hereby agree as follows: ARTICLE 1-ENGAGEMENT OF CONSULTANT 1.1. Engagement of Consultant. City hereby retains Consultant to perform professional environmental consulting services (the "Services") associated with City's environmental review of the "Majestic Realty" project (the "Project"), all as set forth in the Proposal which is attached hereto as Exhibit "A" and incorporated herein by this reference, upon the terms and conditions described herein. Consultant's Services shall include, but not be limited to, conducting an analysis of CEQA compliance issues and preparing CEQA documentation, if needed, to support potential City actions involved in annexation of anb approximately sixty acre parcel of property bordered by Lugonia Avenue on the south, Alabama Street on the west, State Route 210 right-of-way on the east, and an additional approximately sixty-four acres of land under the same ownership to the north all in accordance with the Scope of Services for the Project attached as Exhibit A. Consultant HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 2 shall determine the method, details and means of performing the Services, and Consultant shall perform the Services to the best of its ability and with the skill, expertise and level of competency presently maintained by other practicing professionals providing similar service in the industry. Consultant shall prepare all environmental documents required by this Agreement in conformance with the California Environmental Quality Act ("CEQA") and the State and City's CEQA guidelines. ARTICLE 2-PROJECT DESCRIPTION 2.1. Project Description. The property owner is proposing to develop a commercial center with approximately 460,000 square feet of building area on a sixty acre parcel described above. This sixty acre parcel constitutes Phase 1 of the overall 124 acre land use plan previously approved by the County. The Phase 1 plan also received approval from the County for a Final Development Plan which includes retail commercial, a sixteen screen theater, related parking, loading, landscaping, lighting, and other improvements, and a nineteen lot commercial parcel map. This effort is based on the City's understanding that the landowner intends to proceed with the same project as approved by the County and is negotiating with the City regarding terms of agreement with respect to annexation, plan review, and development of just the southerly sixty acres. In conjunction with annexation approval, the landowner is also seeking approval of a streamlined site plan approval process. HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 3 ARTICLE 3-ADDITIONAL SERVICES 3.1. Additional Services. Should responses to issues require additional analysis beyond the Scope of Services described herein, Consultant and City may enter into negotiations regarding the costs for such additional services or City may request Consultant to perform such additional services on a time and materials basis and at the hourly rates and charges set forth in the "Fee Schedule" included in Exhibit A, attached hereto and incorporated herein by this reference. 3.2. Subcontractors. Consultant may retain subconsultants and subcontractors in connection with its performance of the Services subject to the prior consent by City. The Consultant's key personnel for performance of the Services are as follows: Randy A. Nichols, AICP Consultant agrees that these key personnel shall be principally responsible for the performance of the Services, and that such personnel shall not be replaced without prior consent of City. Consultant further represents that these key personnel shall each expend their time performing the Services for City during the term of this Agreement as stated in Exhibit A, attached hereto and incorporated herein by this reference. HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 4 3.3. 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 insurance: (a) 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 $1,000,000 or (ii) bodily injury limits of $1,000,000 per person, $500,000.00 per occurrence and property damage limits of $100,000.00 per occurrence and $100,000.00 in aggregate. (b) Worker's Compensation Insurance. A policy ofworker's compensation insurance in such amount as will fully comply with the laws of the Sate of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising form 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 (i) 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 HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 5 or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non -owned, leased and hired cars. ARTICLE 4- SCHEDULE, TERMINATION AND MISCELLANEOUS PROVISIONS 4.1. Schedule for Completion. Time is of the essence and the work described in Exhibit A shall be completed at the earliest possible date. The initial work product shall be completed within seven days from receipt of a completed application from the property owner, Majestic Realty Company. The Contractor shall be expected to provide follow up work per Exhibit "A" as directed by the City and attend related public hearings on this matter before the Environmental Review Committee, Planning Commission, and City Council as they are scheduled. 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 may be permitted by City. 4.2. Fee. In consideration for its performance of the Services, City shall pay to Consultant an amount not to exceed $10,000 in accordance with the provisions of Exhibit A. Payment to Consultant shall be made upon receipt of an itemized invoice describing the itemized invoice outlining the items for HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 6 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 mailed. 4.3. Termination. City may terminate this Agreement at any time, without 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 or under its control. 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. Payment of work completed under contract to date of termination shall be made based on time and reimbursable billings as of the project termination. The total amount of this Agreement is as set forth in Paragraph 4.2. 4.4. Indemnification. Consultant shall defend, indemnify and hold harmless the 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. HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 7 4.5. 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. 4.6. 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. 4.7. Ownership of Documents. The reports, drawings, maps and other contract documents prepared under this agreement by the Consultant shall be and remain the property of City upon compensation of Consultant 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 HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 8 be void and unenforceable and may, at the sole discretion of City, result in the immediate termination of this Agreement. 4.9. Attorney's 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 attorney's fees. 4.10. 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, verbals or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, stipulation or promise not contained in this Agreement shall be valid or binding on either party. 4.11. Books and Records. Consultant shall maintain books and accounts of all project related costs and all expenses. Books shall be available at all reasonable times for examination by City at the office of Consultant. HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES SEPTEMBER 5, 2000 PAGE 9 4.12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. CITY OF REDLANDS Patricia Gilbreath, Mayor Attest: Lorr Poyzer, CONS LTANT ((/ David W. Claycomb, P esident Dated: September 5, 2000 Dated: �S • '/ 14772 Plaza Drive, Suite 101 Tustin, California 92780 phone (714) 734-2383 fax (714) 734-2381 randyn@helixepi.cona EXHIBIT 'A" August 16, 2000 Mr. John Jaquess City of Redlands, Community Development Department 35 Cajon Street, Suite 20 Redlands, California 92373 Proposal for Environmental Planning Services Annexation of 60-Acre Phase I of the Citrus Plaza Regional Mall Project Dear Mr. Jaquess: HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this proposal to the City of Redlands ("City") to conduct analysis of CEQA compliance issues and to prepare CEQA documentation, if needed, to support potential City actions involved in annexation of a 60-acre property bordered by Lugonia Avenue on the south, Alabama Street on the west, State Route 330 right-of-way on the east, and an additional 64 acres of land under the same ownership to the north. The County of San Bernardino ("County") previously approved a land use plan for the subject property and the adjoining 64 acres that would allow for development of a regional shopping center. The County certified an environmental impact report (EIR) for that 124± acre project in 1995. It is our understanding that the landowner intends to proceed with the same project and is negotiating with the City regarding terms of agreement with respect to annexation, plan review and development of the southerly 60 acres only. This 60 acres constitutes Phase I of the overall 124-acre land use plan and the County has approved a Final Development Plan for this area that would consist of 460,000 square feet of retail/commercial floor area, including a 16-screen movie theatre, related parking, access, loading, landscaping, lighting and other improvements, and a 19-lot commercial parcel map. In conjunction with annexation approvals, the landowner is also seeking approval of a streamlined site plan approval process and has tentatively agreed with the City's request to include a food court in the project design. As part of its deliberations and decisions concerning the discretionary actions involved in annexing the 60-acre property and defining the terms of a development agreement, the City must make certain findings in accordance with the California Environmental Quality Act (CEQA). The City has requested HELIX's assistance in reviewing the current landowner's current proposals, the environmental record compiled for the County -approved project, and changes in circumstances since the previous EIR was certified, to determine whether the County -certified EIR for the 124 ± acre project is sufficient with respect to the current actions under consideration, or whether some form of additional environmental documentation is necessary to satisfy the City's obligations under CEQA. Our scope of services and fee for assisting the City in this determination are described below. ss anuilnnmantal planning, inc. Mr. John Jaquess, City of Redlands Proposal for Environmental Planning Services Annexation of Phase I, Citrus Plaza Regional Mall August 16, 2000 SCOPE OF SERVICES Page 2 The primary objective of our consultation will be to determine whether some form of supplemental environmental documentation beyond the County -certified EIR will be necessary, prior to any City action concerning the subject project. This determination will be based upon the criteria set forth in Sections 15162 through 15164 of the CEQA Guidelines. Specific tasks to be conducted will include: Task 1: Define discretionary approvals now required by City of Redlands. Task 2: Review and evaluate County -certified EIR and related documents, County Section 15091 and 15092 Findings, County development plan approvals, County development agreement, and documents recently submitted for City approval. Task 3: Assess changes in environmental setting and circumstances to determine whether any significant new information is now available that could have been reasonably foreseen at the time of the original project approval, which indicate that a significant effect previously identified would become more severe, a new significant impact would occur, or alternatives or mitigation measures previously found to be infeasible would now be feasible but the applicant refuses to incorporate such changes. Two main concerns here are with respect to traffic impacts and possible differences in the City of Redlands significance thresholds vs, the County's, and potential new environmental effects associated with different agencies becoming responsible for providing public services and utilities to the project. This effort may require consultation with a professional traffic engineer to examine certain quantitative issues. Task 4: Prepare revised Mitigation Monitoring and Reporting Program to incorporate new jurisdictional responsibilities, where needed. Task 5: Determine whether impacts associated with jurisdictional changes result in new, significant effects not anticipated in the previous EIR or would increase the severity of significant effects previously identified. Task 6: Attend meetings with City staff and with the City's ERC, Planning Commission, and/or City Council to present and discuss CEQA compliance and environmental impact issues. Task 7: Work with City Attorney and City Planning staff to prepare preliminary and final reports, memorandums, CEQA findings, etc. for review and approval by the City's ERC, Planning Commission and City Council. SCHEDULE HELIX will work with the City in a timely and professional manner, in accordance with the City's scheduling objectives. Mr. John Jaquess, City of Redlands Proposal for Environmental Planning Services Annexation of Phase I, Citrus Plaza Regional Mall August 16, 2000 COST ESTIMATE AND PAYMENT PROCEDURES Page 3 HELIX is pleased to submit this time and expenses, not -to -exceed fee proposal of $10,000. This estimate is good for 30 days from the date of this letter. Payment of monthly invoices is expected within 30 days of their receipt by the City. HELIX will submit monthly invoices for all professional labor costs and expenses, in accordance with our standard schedule of fees (attached). Billings beyond the total estimated cost would occur only after additional work and fees are discussed with and authorized by the City. We look forward to working with you on this project. If you have any questions concerning this proposal, please call me at 714-734-2383. Sincerel Randy Nichols, Senior oject Manager cc: David W. Claycomb, President seven ancillary equipment cabinets. The cellular facility is proposed to be located within the Redlands Country Club golf course between the sixth and seventh fairways, approximately 350 feet north of the southerly golf course boundary. Community Development Director Shaw reviewed the decision of the ERC and staffs recommendation. Under context of the California Environmental Quality Act (CEQA), there does not appear to be any significant adverse impacts of the project to established policies and therefore, no basis to require the preparation of an EIR for this project. In the Mitigated Negative Declaration prepared for this project, three environmental factors were identified warranting mitigation and staff recommended two mitigation measures be applied. Community Development Director Shaw felt that concerns raised should be addressed through the conditional use permit process. Requesting the preparation of an EIR were Harold Hartwick and Dan Eickman. A petition opposing the Sprint cellular tower containing 67 signatures of residents in the neighborhood of the Redlands Country Club was submitted. John Boat, an attorney representing Sprint PCS, spoke in favor of the staffs recommendation He and a radio frequency expert answered Councilmembers' questions. Councilmember Freedman's motion to require an EIR did not receive a second. Following lengthy discussion, Councilmember George moved to grant the appeal by Sprint PCS and directed that the processing of Conditional Use Permit No. 704 proceed to the Planning Commission with the original Mitigated Negative Declaration prepared for the project. Motion seconded by Councilmember Peppler and carried by the following vote: AYES: Councilmembers George and Peppler NOES: Councilmember Freedman ABSTAINED: Councilmember Gilbreath and Haws Contract - Environmental Services for Majestic Realty Project - Community Development Director Shaw explained Helix Environmental Planning, Inc. submitted a proposal for services related to the Majestic Realty application for a pre -annexation agreement and possible annexation of their sixty acre site located east of Alabama Street, north of Lugonia Avenue, and west of the 210 Freeway and a related ordinance text amendment. The cost is not to exceed $10,000.00, and staff would like to move forward to pay for services already done. This can be funded with money currently on deposit with the City from Majestic Realty. Councilmember Haws moved that the City Council approve the contract with Helix Environmental Planning, Inc. for environmental services related to the Majestic project to the extent expended up to this point and not to expend any further resources until or unless further approval comes from this Council. Motion seconded by Councilmember Freedman and carried unanimously. EMINENT DOMAIN HEARINGS Resolution No. 5783 - Home Depot Project - Councilmember George left the Council Chambers due to a potential conflict of interest. Resolution No. 5783, a resolution of the City Council of the City of Redlands declaring that the September 5, 2000 Page 5