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HomeMy WebLinkAboutC-1648 d 1. 4/ AGREEMENT BETWEEN THE CITY OF ARCADIA DEVELOPMENT SERVICES DEPARTMENT AND THE TEMPLETON PLANNING GROUP, CONSULTANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EXPANSION OF WESTFIELD SHOPPINGTOWN THIS AGREEMENT is made and entered into this/�'j day of October, 1999, by and I . between the CITY OF ARCADIA (herein called "City"), 240 West Huntington Drive, Arcadia, California 91007 and Templeton Planning Group, 1470 Jamboree Road, Suite 200, Newport Beach, CA 92660 (herein called "Consultant"). WHEREAS, the Westfield Corporation (herein called "Applicant") has submitted the following applications: a) A General Plan Amendment (G.P. 99-001) to modify the maximum int nsity floor area ratio from .40 to .50; b) A zone change (Z-99-003) to reconfigure the C-2 & D H8 (design and high rise overlay zone; and c) A text amendment (T.A. 99-006) to: i) Amend City Council Ordinance No. 1425 and City Council Resolution 4185 to reconfigure the C-2 & D H8 zone and modify the list of permitted uses; and ii) Amend Arcadia Municipal Code Ordinance 9269.5 to modify the parking requirements for the project. WHEREAS, the City has determined that an environmental impact report (EIR) must be prepared for the above project; and WHEREAS, after interviews with selected firms that submitted proposals, the City has selected the Consultant; and WHEREAS, the City desires to employ Consultant to perform professional plTnning services, render necessary advice and assistance, and attend public meetings in connection with the completion of a draft and final Environmental Impact Report for the Project; and WHEREAS, Consultant has submitted a proposal for performance of such services dated September 7, 1999 (attached and incorporated as Exhibit A) and said proposal has been found to be acceptable; and -1- Westfield/EIR WHEREAS, Consultant is well qualified to perform such services; and WHEREAS, City as lead agency shall: (a) Independently review and analyze any and all environmental documentation including the final EIR required to be prepared by Public Resources Code 21082. and related sections. (b) Circulate documents that reflect its independent judgment. NOW, THEREFORE, THE PARTIES HEREBY MUTUALLY AGREE AS FOLLOWS: 1. EMPLOYMENT OF CONSULTANT The City will retain and compensate Consultant. Consultant shall diligently perform the obligations and responsibilities required by this Agreement applying the standards customarily provided by an experienced and competent professional planning organization rendering the same or similar services. 2. DUTIES OF CONSULTANT Consultant agrees to follow direction from the City Community Development Administrator and cooperate with City staff in all requests. The consultant is responsible for preparation of the Draft and Final Environmental Impact Report and a Mitigation Monitoring Program as set forth in Public Resources Code 21081.6 as outlined in th attached proposal (Exhibit A) from the Consultant. 3. SCOPE OF WORK Consultant shall render professional planning services as set forth in the attached proposal from the Consultant (Exhibit A), to complete the preparation of an EIR. The EIR shall conform to the requirements of the California Environmental Quality Act (CEQA), as amended, the State Guidelines adopted by the Secretary of Resources pursuant th6reto and City of Arcadia Resolution No. 5157. The work schedule shall be as approved bk the Community Development Administrator subject to written amendments approved by the Community Development Administrator and Development Services Director. 4. CITY ASSURANCE City shall provide, at the request of Consultant, the following: (a) Copies of the City of Arcadia Zoning Map and the City of Arcadia General Plan Map. -2- Westfield/EIR , (b) Copies of the City of Arcadia General Plan report and State mandated elements thereof. (c) Copies of all available reports as may be necessary in the preparation of the environmental analysis for the Project. (d) Information generally available from the City or City files applicable to the proposed projects or any pending or proposed projects in the City or adjacent cities. (e) Assistance, if necessary, in obtaining information from other governmental agencies. (f) Assistance to Consultant in obtaining permission to enter upon private property where field investigation is determined to be necessary. 5. COMPENSATION AND PAYMENT Consultant hereby agrees to undertake and complete the services provided herein pursuant to Exhibit A. (a) Basic Service. In consideration of the performance of all work required under this Agreement, including the provision of all copies of the reports as provided per the Proposal submitted by Consultant, the City shall pay to Consultant an amount not to exceed $84,730 (including reimbursables) to complete the Work Task Programs. (b) Invoices — Payments. On or before the tenth (10th) day of each cal ndar month following the commencement of the work, Consultant shall prepare an in oice which identifies the percent complete for each of the major work tasks identified i the of Services. The invoice shall specify the percent complete, the amount previrpusly Scope p fY p the amount currently being requested for each work task. Travel time to and billed and t y g q from Arcadia shall not be part of the hourly fee. If the City requests, the Consultant shall provide the City, along with the invoice, copies of verification of all work perform d for which the City is being invoiced. In reviewing and approving such invoice, Arcadia may consider, in addition to other facts and circumstances, the relationship of the work completed to the work remaining to be done. - -• - - - - - - pfite e • - --: -. .- •. • WI in 1 •ays a-er :- .- . . 06 Within thirty (30) days after approval of Consultant's invoice, Arcadia shall pay to Consultant that balance of such invoice. -3- Westfield/EIR Ayteenietlt. 72)b Upon satisfactory completion of all work and services described in Exhibit A, and Arcadia's approval thereof, Arcadia shall pay Consultant for the total amount remaining due for each increment or phase of the work„ sosurity.. Final payment shall be made by Arcadia to Consultant within thirty (30) hays 96 after Arcadia's written acceptance of the work. (c) Additional Services (Extra Services). Services in addition to those specified herein may be authorized by the City. Authorization to perform additional services Shall be in writing and shall specify the basis for the Consultant's fee for such additional services. The Consultant shall submit fee estimates for such additional services, prior to commencing such work upon the request of the City. City written approval is required prior to commencement of such work. Extra services shall be performed and paid for consistent with the terms of this Agreement. 6. TERMINATION (a) Without Cause. City may terminate this Agreement without cause upo five (5) days written notice to Consultant to the address specified below Consult ant's signature. Notice may include telephonic communication to Consultant to cease work. Should City terminate this Agreement, Consultant agrees to immediately discontinue performance and deliver to City all completed work. Consultant shall receive a fee equal to an amount which bears the same relationship to the total fee payable pursu nt to Section 5 that the amount of work performed by consultant prior to such termination bears to the total work to be performed by Consultant pursuant to this Agreement. (b) With Cause. City may terminate this Agreement with cause effective immediately upon written notice of such termination to Consultant, based upon the occurrence of any of the following events: (1) Material breach of this Agreement by Consultant; (2) Cessation of consultant to be licensed as required; (3) Failure of Consultant to substantially comply with any applicable f deral, state or local law or regulations; -4- Westfield/E I R (4) Filing by or against Consultant of any petition under any law for the relief of debtors; and, (5) Filing of a criminal complaint against Consultant for any crime other than minor traffic offenses. (c) Completed Work. In the event of termination, Consultant shall, at City's request, promptly surrender to City all completed work and work in progress and all materials, records and notes developed, procured, or produced pursuant to this Agreement, including all maps, data and reports, including those in computer format. Consultant may retain copies of such work product as a part of its record of professional activity. 7. CITY PROPERTY—WORK PRODUCT Consultant agrees that all written materials, plans, studies, sketches, maps, prints, drawings and any other materials produced in the performance of this Agreement by Consultant or City are the property of the City upon payment for their preparation and originals shall be delivered to the City upon completion of the final EIR, or termination of work. 8. INDEPENDENT CONTRACTOR Consultant shall perform the services provided for herein as an independent contractor and not as an employee, agent or officer of the City. Consultant assn es all acts of its employees and an responsibility for the a any sub-consultants as related o the services to be provided during the course and scope of their employment. 9. ASSIGNMENT— SUBCONTRACT The Consultant shall be subcontracting with Giroux and Associates to support Consultant's staff in the air quality and noise impact analysis and Rafiq & Associates to analyze the traffic issues as set forth in Exhibit A. With the exception of the above mentioned consultants, the Consultant shall not assign or subcontract this Agreement or any part thereof or any monies to become due thereunder without prior written consent by the Development Services Director. 10. TERMS OF CONTRACT 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 -5- Westfield/EIR any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle consultant to any additional payment whatsoever under the terms of this Agreement. All amendments to this Agreement shall be by written agreement duly executed consistent with this Agreement. 11. BINDING ON SUCCESSORS All terms, conditions and provisions hereof shall insure to and shall bind each of the parties and each of their respective heirs, executors, administrators, successors and assigns. 12.HOLD HARMLESS/INDEMNIFICATION Consultant agrees to save, hold harmless and defend the City, its officers, gents and employees from any claims, suits and liabilities arising out of or in any way rely ed to • Consultant's negligent performance pursuant to this contract, including any acts, errors or omissions (including professional negligence) of consultant, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. 13.NON-DISCRIMINATION In the performance of this Agreement, Consultant shall not discriminate gainst any employee, subcontractor; or applicant for employment because of race, color, religion, ancestry, sex, national origin, disabilities or age. 14. INSURANCE Consultant shall carry commercial liability insurance for personal injury and property damage with combined single limits of at least $1,000,000 naming the City as an additional insured. Proof of such insurance is a condition precedent to execution of this Agreement by the City. In addition, proof of professional errors and omissions coverage in the sum of at least $500,000 shall be provided. • 15. KEY PERSON It is acknowledged and agreed that the key person and contact for the performance of this agreement is Peter Templeton. No other person shall be sub6tituted in this capacity and Mr. Templeton shall communicate directly with the City Community Development Administrator, Donna Butler and the Planning Services Manager, Corkran -6- Wesffield/EIR Nicholson. He shall be available for contact by the City and shall attend all meetings as requested by City, unless excused. 16.CONSULTATION WITH LEGAL COUNSEL Concerning review of environmental documentation, if requested Consultant shall cooperate with legal counsel who is performing per direction of the City Attorney, or the City Attorney. Cooperation means the timely provision of information, documentation, drafts and consultation with legal counsel as directed by the City Attorney and/or requested by legal counsel. IN WITNESS HEREOF, such parties have executed this instrument on the da and year first above mentioned. Dated 41 CITY OF ARCADIA By t City Manager Dated er.,7 /%/ ./gFel CONSULTANT By Pe-Ten. /�� Address '72E.-rn/c/e457ar1/ 1OG97-v,/./VG, lv //� /y70 crOvr 2.:30 (9e7/9-- 7/b - Olv4740 APPROVED AS TO FORM: Le1:2717//066?L Michael H. Miller City Attorney -7- Westfield/EIR