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HomeMy WebLinkAboutContracts & Agreements_110-2000AGREEMENT 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 3rd day of October, 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 OFCONSULTANT 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 a draft Subsequent Environmental Impact Report prepared by the County of San Bernardino relating to 1) repeal of the East Valley Corridor Specific Plan (EVCSP) as it pertains to the unincorporated areas of San Bernardino County; 2) General Plan and Development Code amendments related to land use, water and wastewater services in the Inland Valley Development Agency (IVDA) Redevelopment Project Area which incorporate relevant provisions from the EVCSP; 3) Water and wastewater facilities plan for unserved or underserved portions of the IVDA HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES OCTOBER 3, 2000 PAGE 2 Redevelopment Project Area; and 4) Revisions to the Citrus Plaza Regional Mall project. This project involves an 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. This work shall be in accordance with the Scope of Services for the Project attached as Exhibit "A". 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 with the skill, expertise and level of competency presently maintained by other practicing professionals providing similar service in the industry. ARTICLE 2-PROJECT DESCRIPTION 2.1. Project Description. Majestic Realty 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. In order to accomplish this project the County has identified a number of actions which are HELIX ENVIRONMENTAL PLANNING, INC CONTRACT FOR SERVICES OCTOBER 3, 2000 PAGE 3 described above which must occur before the project can proceed. These actions are included in the draft Supplemental Environmental Impact Report which has been prepared and is now available for review and comment back to the County. The deadline for comments to the County is October 12, 2000. The City is desirous of having an environmental consultant assist the City in reviewing and preparing comments on the document for written submission to the County prior to October 12, 2000. ARTICLE 3-ADDITIONAL SERVICES 3.1. 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 OCTOBER 3, 2000 PAGE 4 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 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 of worker'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 Toss, 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 Tess 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 OCTOBER 3, 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 calendar days from the effective date of this contract. 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 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 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 OCTOBER 3, 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 paidifor 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 OCTOBER 3, 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 OCTOBER 3, 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 i 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 OCTOBER 3, 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 Pat Gilbreath, Mayor Attest: Lor Poyzer, ►perk CONSU T T David VV. laycomb, Presi: ent Dated: Oct. 3, 2000 Dated: (0 'CJ eHvirou ntal plaaainy, nc. 14772 Plaza Drive, Suite 101 Tustin, California 92780 phone (714) 734-2383 fax (714) 734-2381 randyn©helixepi.covn September 21, 2000 (tiliUGT 2 2ao PLANNING DEPT. Mr. John Jaquess City of Redlands, Community Development Department 35 Cajon Street, Suite 20 Redlands, California 92373 Proposal for Environmental Planning Services Review of a Subsequent EIR for the Citrus Plaza Regional Mall Project Dear Mr. Jaquess: It is our understanding that the Redlands City Council has authorized your department to contract with HELIX Environmental Planning, Inc. (HELIX) to assist the City in preparing comments concerning a Draft Subsequent EIR (DSEIR) prepared for a revised plan to develop the previously -approved Citrus Plaza Regional Mall Project. The revisions involve amendments to portions of the San Bernardino County General Plan to enable the project to proceed without annexing to or obtaining water and sewer services from the City of Redlands. The public review and comment period ends on October 12, and we have been requested to start work as soon as possible in order to meet that deadline. Our scope of services, schedule, and fee are described below. SCOPE OF SERVICES The primary objective of our consultation will be to evaluate the DSEIR with respect to its adequacy in complying with the California Environmental Quality Act (CEQA) statutes and guidelines. This determination will be based upon the criteria set forth in Section 15162 of the CEQA Guidelines. We will also assist the City in evaluating the proposed project with regard to potential conflicts with City plans, policies and programs. Specific tasks to be conducted will include, but are not limited to: Task 1: Meet with City planning staff and the City Attorney to discuss and define the issues to be addressed by HELIX. A copy of the DSEIR and all supporting documents will be provided to HELIX at this time. Task 2: Review and evaluate the DSEIR. This may also involve review of the previous County -certified EIR and related CEQA Guidelines Section 15091 and 15092 Findings, the previous County development plan approvals, and the previously approved County development agreement. Task 3: Prepare draft comments concerning the adequacy of the DSEIR and possibly other City of Redlands concerns regarding the proposed projects. The draft comments would be submitted to City staff for review and comment. Task 4: Make revisions to draft comments based on City staff input and submit an electronic file version of the final comments to City staff, to be printed on City letterhead and submitted to the County of San Bernardino. Mr. John Jaquess, City of Redlands Page 2 September 21, 2000 Task 5: Attend additional meetings with City staff, the City's ERC, Planning Commission, and/or City Council, and meetings held by the County, as directed by City Staff. SCHEDULE HELIX will submit a complete set of draft comments concerning the DSEIR by October 2, 2000. We will then work with the City in a timely and professional manner, to ensure that the City's official comments are submitted to the County by October 12. COST ESTIMATE AND PAYMENT PROCEDURES The fee for this scope of services, as approved by the City Council, is not -to -exceed $10,000. 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. We appreciate the opportunity to work with you again. Best re andy A. icho Senior Project Man „Z,_r cc: David W. Claycomb, President Planning Commission Actions - On motion of Councilmember Haws, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on September 26, 2000, was acknowledged as received. Ordinance No. 2449 - Garage Setbacks - Ordinance No. 2449, an ordinance of the City of Redlands amending Chapter 18.20 of the Redlands Municipal Code relating to accessory buildings in the A-1 Zone District, was unanimously adopted on motion of Councilmember Haws, seconded by Councilmember Freedman. Contract - Majestic Realty Project - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved the contract with Helix Environmental Planning, Inc. for environmental services related to the review of a draft Supplemental Environmental Impact Report prepared by the County for the proposed Majestic Realty project located east of Alabama Street, north of Lugonia Avenue, west of the 210 Freeway, and south of San Bernardino Avenue, and authorized the Mayor and City Clerk to execute the contract on behalf of the City. Community Development Director Shaw noted this contract will require an appropriation from the General Fund. Proclamation - National Breast Cancer Awareness Month - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the month of October, 2000, as National Breast Cancer Awareness Month and October 20th as National Mammography Day. Commendation - University of Redlands - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a commendation congratulating the University of Redlands as it dedicates the Hedco Hall for biology and chemistry and the adjacent science classroom building, Gregory Hall, and the first two buildings in the new Stauffer Center for science and mathematics. Commendation - Alzheimer's Association - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a commendation for the Riverside/San Bernardino Alzheimer's Association in its efforts to assist patients and families with Alzheimer's Disease and encourages participation in the Seventh Annual "Memory Walk" to be held on October 21, 2000, at the San Bernardino County Museum. Resolution No, 5799 Alcoholic Beverage Licenses - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5799 designating the Planning Commission as the subordinate agency for the purpose of recommending alcoholic beverage licensing conditions pursuant to the California Business and Professions Code, Section 23800(e). October 3, 2000 Page 2