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HomeMy WebLinkAboutReso 1990-599 - Earth Metrics Incorporated Agreement • Ilk RESOLUTION NO. 96-51,9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE EARTH METRICS INCORPORATED AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SHASTA METRO ENTERPRISE ZONE, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. BE IT RESOLVED by the City Council of the City of Redding, that: 1. The City Council hereby approves the Earth Metrics Incorporated Agreement providing for preparation of an environmental impact report for the Shasta Metro Enterprise Zone for a fixed, not-to-exceed, amount of $39,600. 2. The Mayor of the Redding City Council is hereby authorized and directed to sign all necessary documents on behalf of the Council and the City Clerk is hereby authorized and directed to attest the signature of the Mayor. 3. A true copy of the agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was introduced, passed, and adopted by the City Council of the City of Redding at a regular meeting thereof held on the 4th day of necemhPr , 1990, by the following vote: AYES: COUNCILMEMBER: Arness, Fulton, Moss & Dahl NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: Buffum ABSTAIN: COUNCILMEMBER: None al24 MIKE DAHL, Vice Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: '`C RAN ALL A. HAYS, Ci Attorney V1 o 410 CLIENT-CONSULTANT AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SHASTA METRO ENTERPRISE ZONE THIS AGREEMENT, made and entered into the day of , 1990, by and between the CITY OF REDDING, a municipal corporation of the State of California, hereinafter referred to as "City" and the firm of Earth Metrics, Incorporated, hereinafter referred to as "Consultant" for professional consulting services for the project known as The Environmental Impact Report for the Shasta Metro Enterprise Zone. I. BACKGROUND AND OBJECTIVES The goal of the services to be provided is to prepare an environmental impact report for the Shasta Metro Enterprise Zone. Recent legislation authorizes the designation of fifteen new Enterprise Zones in California over the next two years and the Cities of Anderson and Reddng along with Shasta County have jointly applied to the State of Calfornia Department of Commerce for designation of a single Enterprise Zone comprising portions of each jurisdiction. An Enterprise Zone is a specific designated area in which business enterprises can take advantage of State and local incentives and programs not available to businesses outside the Enterprise Zone. Pursuant to the Enterprise Zone Act, the proposed Shasta Metro Enterprise Zone contains the following components: 1. An Eligible. Area comprised of approximately 18,000 acres (28.2 square miles) meeting the "distress criteria" of the State based on - 1 - 411 poverty, unemployment, and income levels generally located north and east of the Sacramento River, west of Stillwater Creek, and south of Oasis Road (east of I-5) and Churn Creek (west of I-5) . 2. A Commercial Area containing approximately 1,063 acres (1.6 square miles) located contiguous to and north of the Eligible Area and including: property along the Shasta Dam Boulevard and Cascade Boulevard corridors in Central Valley; industrial land between the SPRR tracks and Ashby Road; and property around the Oasis Road/I-5 interchange. 3. An Industrial Area containing approximately 12,946 acres (20.3 square miles) and including: lands along the Airport Road corridor, • including the Redding Municipal Airport; industrial and commercial lands within the City of Anderson; industrial land within the County south of the City of Anderson; industrial and commercial land along the Highway 273 corridor between the Cities of Anderson and Redding; industrial land along Clear Creek Road within both the City of Redding and Shasta County; and the Downtown Redding Area. A map generally depicting the project boundaries is attached as Exhibit "A." II. SCOPE OF WORK The Consultant will prepare an Administrative Draft Environmental Impact Report (ADEIR) , Draft Environmental Impact Report (DEIR) , and Final Environmental Impact Report (FEIR) for the proposed Shasta Metro - 2 - • 411 Enterprise Zone. The EIR shall focus primarily on the growth inducing impacts associated with accelerated industrial and commercial development of vacant and underdeveloped lands within the enterprise zone. Depending on where development occurs, there will be impacts concerning traffic, drainage, public services, land use, plant and animal life, infrastructure, and other impacts. The Consultant will make a minimum of two presentations at public hearings related to this project. The Consultant will provide all services as represented in the proposal submitted to the City dated October 30, 1990, which is hereby incorporated as Exhibit "B." The submittal of the Draft and Final EIR shall include one clean reproducible copy and diskettes of the documents compatible with Wordperfect. All presentation wall maps shall be drawn at 1" = 400' , 800' , or 1600' . All written materials or tables shall be on 8-1/2" x 11" black and white pages suitable for reproduction. III. COMPENSATION Total payment for services rendered and expenses incurred under this Agreement shall not exceed $39,600.00. Payments shall be made on a reimbursement basis for the tasks presented in Exhibit "C." • IV. TIMING Upon approval of this agreement by the City, the Consultant shall begin work within 15 days after the date of execution of the Agreement and in - 3 - accordance with the schedule presented in Exhibit "C" and thereafter diligently pursue the same to completion. V. RESPONSIBILITY The individuals listed in Exhibit "D" are designated to do the work required under this Agreement. VI. METHOD OF PAYMENT All requests for payment shall be by invoice, and are due and payable upon presentation. If the City decides to discontinue the engagement before its completion, payment will be based on personnel hours expended and costs incurred to the date of discontinuance based on Exhibit "C." Any balance due will be refunded and any balance due the Consultant will be payable upon invoice presentation. In the event any invoice is not paid within 30 days after rendering the invoice, it shall commence bearing interest on the date the invoice was rendered at the rate of one (1) percent per month. All accrued interest, together with charges for services and expenses provided for in this assignment, are then due and payable. If accounts are unpaid forty-five (45) days from the date of billing, work may be halted at the discretion of the principal in charge until payments are made current. In addition, the Consultant reserves the right to withhold delivery of work products or void time limits applicable to the agreement in the event of delinquent receivables. VII. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least ten days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. VIII. TERMINATION FOR CONVENIENCE OF THE CITY The City may terminate this Agreement at any time by giving at least fourteen (14) days notice in writing to the Consultant. If the Agreement is terminated by the City as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. If this Agreement is terminated due to the fault of the Consultant, Section VII hereof relative to termination shall apply. IX. CHANGES The City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, - 5 - • including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated written amendments to this Agreement. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this agreement shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this agreement. X. PERSONNEL A. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with agencies providing funds for the project. B. All of the services required hereunder shall be performed by the Consultant or under his supervision and all personnel engaged in performing the services are fully qualified and shall be authorized or permitted under State and Local law to perform such services. All professional personnel, including subcontractors engaged in performing services for the Consultant under this agreement, are indicated in a personnel listing on Attachment "D." - 6 - • i C. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement or agreement and shall be subject to each provision of this Agreement. Any changes or substitutions in the Consultant's personnel, as set forth herein, must be made known to the Director of Planning and Community Development prior to execution and written approval granted by same before said change or substitution can become effective. XI. ASSIGNABILITY The Consultant shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of the City thereto. Provided, however, that claims for money by the Consultant from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. XII. INSURANCE B. Consultant shall procure and maintain during the entire period of performance under any contract administered by the City, the following minimum insurance coverage: - 7 - 1 1. Comprehensive General Liability Insurance - five hundred thousand dollars ($500,000) combined single limits. 2. Automotive Liability Insurance - five hundred thousand dollars ($500,000) combined single limits. Prior to commencement of work, Consultant shall furnish to the City of Redding Risk Manager a certificate of insurance showing the above required insurance coverages are in effect and naming the City, its agents, officers and employees, as additional insureds. The certificate shall guarantee the City at least ten (10) days written notice of cancellation or reduction in coverage. B. The City requires evidence of workers compensation insurance, and it shall meet the minimum requirements of the California Labor Code. The certificate shall be furnished to the City of Redding Risk Manager and shall guarantee the City at least ten (10) days written notice of cancellation or reduction in coverage. XIII. INDEMNIFICATION Consultant agrees to protect, defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons, caused by the negligent acts, - 8 - • errors, or omissions of the Consultant. Consultant's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove, shall include any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. Consultant further agrees to protect, defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims, liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employee of Consultant. XIV. INDEPENDENT CONTRACTOR Consultant, in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither represent himself as, nor claim to be an officer or employee of the City by any reason hereof, and that he will not by reason hereof make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the City, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social-security coverage, or retirement membership credit. XV. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE All documents and materials prepared pursuant to this Agreement are the property of the City. The City shall have the unrestricted authority to - 9 - publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. The City will give credit to the Consultant for his services in any public relation's bulletin that may be published concerning the project. XVI. COPYRIGHT No report, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant. XVII. RECORDS AND AUDITS The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the City. XVIII. FINDINGS CONFIDENTIAL All of the reports, information, data, etc. , prepared or assembled by the Consultant under this Agreement are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. - 10 - I • XIX. COMPLIANCE WITH LOCAL LAWS The Consultant shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Consultant shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Agreement. XX. INTEREST OF CONSULTANT AND EMPLOYEES The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. ACCEPTED: BY: BY: MIKE DAHL, Vice Mayor GARY DEGHI, SENIOR VICE PRESIDENT CITY OF REDDING Earth Metrics, Incorporated ATTEST: BY: ETHEL A. NICHOLS, CITY CLERK FORM APPROVED: BY: RANDALL HAYS,' CITY ATTORNEY - 11 - • • Aft lip EXHIBIT "C" WORK SCHEDULE AND COSTS The following schedule for work will apply. This schedule will allow circulation of the Draft EIR on March 1, 1990, as required by the City. DATE (Calendar days after receipt ITEM of authorization to proceed) Receipt of all background data from the City 1 of Redding relative to the Shasta Metro Enterprise Zone. Payment due for 20 percent of the contract value. Shipment of the ADEIR in five copies to the 60 City of Redding. Payment due for 10 percent of the contract value. Receipt of all written comments in one copy 70 from City of Redding. Final approval of DEIR for printing. Payment 80 due for 30 percent of the contract value. Shipment of the City-approved DEIR in 100 90 copies to City of Redding. Payment due for 30 percent of the contract value. Receipt of all comments in one copy from Three days after close of the City of Redding. DEIR circulation period Shipment of the FEIR in 50 copies in 21 days after receipt of all addendum form. Payment due for 10 percent comments from City of Redding of the contract value. Attendance and presentation at a maximum As required of two public meetings. The submittal of the Draft and Final EIR will include copies in the number shown plus a clean reproducible copy and diskettes of the documents compatible with Wordperfect. • EXHIBIT "D" EARTH METRICS, INCORPORATED STAFF RESOURCES EARTH METRICS PRINCIPALS C. Michael Hogan Gary Deghi STAFF RESOURCES IN PHYSICAL SCIENCES Mark Papineau Ballard W. George Bruce Jensen Christos Socrates Zouboulakis Gus I. Liljequist Lucia Owens Chris Sanchez STAFF RESOURCES IN PLANNING AND SOCIAL SCIENCES John Torrey George Ball Dail Miller Fred Moseley Brian McElroy Robert Erving STAFF RESOURCES IN NATURAL SCIENCES Mark Armstrong Steven M. Moore B. Paul Awosika Naomi Sims Elizabeth Bergen Patty Caswell Clarke Pauley