HomeMy WebLinkAboutContracts & Agreements_70-2005_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR ALABAMA STREET AND ORANGE STREET BRIDGE PROJECT REGULATORY
PERMIT COMPLIANCE
This Agreement is made and entered into this 19th day of April, 2005 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Tom Dodson & Associates
hereinafter("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perforin engineering services which is more
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particularly described in Attachment "A" attached hereto and incorporated herein by this
reference (the "Services") for right of way acquisition and certification and construct
ability review.
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Attachment "A," which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws in its
performance of the Services including, but not limited to, all California Labor Code
requirements and non-discrimination laws including the Federal Americans with
Disabilities Act and the State's Fair Employment and Housing Act.
2.3 Consultant acknowledges and agrees that if it violates the provisions of t he California
Labor Code relating to prevailing wage that City may withhold payments to Consultant
pursuant to Labor Code sections 1726, 1.727 and 1771.6.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in City's possession that is relevant to
the performance of Consultant's Services.
3,2 City will make provision for Consultant to enter upon City-owned property to perform
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the Services.
3.3 City designates William B. Hemsley to act as its representative with respect to the
Services to be performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B," entitled "Project Schedule," which is
attached hereto and incorporated herein by this reference. The Services may commence
on April 20, 2005 and shall end on January 1, 2011, unless an extension is approved by
City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount for Orange Street and Alabama Street as set forth in Attachment "C," which is
attached hereto and incorporated herein by reference.
5.2 Within ten days following the end of each month Consultant shall submit an invoice to
City indicating the portion of the Services performed, who performed the Services,
indirect costs, and the detailed cost of all Services including backup documentation.
Payments by City to Consultant shall be made within 30 days after receipt and approval
of Consultant's invoice, by warrant payable to Consultant.
5.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail shall be addressed as
follows:
City- Consultant
William B. Hernsley Bill Gatlin
City of Redlands Tom Dodson & Associates
Public Works Dept. 2150 N. Arrowhead Avenue
PO Box 3005 San Bernardino, CA 92405
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this section.
5.4 Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
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Acquisition Regulations System, Chapter 1, Part 31 et seq, shall be used to deten-nine the
allowability of individual items of cost.
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5.5 Consultant shall comply with Federal procedures in accordance with 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.
5.6 Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et sew. or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments, are
subject to repayment by Consultant to the State.
5.7 Any subcontract in excess of $25,000 entered into by Consultant in connection with the
Services to be performed under this Agreement shall contain all the provisions of Article 5
of this Agreement.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during its
performance of the Services and shall be primary with respect to City and non-contributing
to any insurance or self-insurance maintained by City. Consultant shall not commence the
Services unless and until all required insurance listed below is obtained by Consultant and
Certificates of Insurance and endorsements evidencing such insurance are presented to
City. All insurance policies shall include a provision prohibiting cancellation, except upon
thirty(30) days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout its performance of the Services in amounts which meet statutory
requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected officials
and employees for losses arising from work performed by Consultant for City by
expressly waiving Consultant's immunity for injuries to Consultant's employees.
Consultant agrees that its obligation to indemnify, defend and hold harmless provided
for in this Agreement extends to any claim brought by or in behalf of any employee of
Consultant. This waiver is mutually negotiated by the parties. This section shall not
apply to any damage resulting from the sole negligence of City, its agents or
employees, the obligations provided herein to indemnify, defend and hold harmless are
valid and enforceable only to the extent of the negligence of Consultant, its officers,
agents and employees.
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6.a Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout its performance of the Services comprehensive general liability insurance with
carriers acceptable t o C ity. M inimum c overage o f o ne rn.illion d ollars ($1,000,000) p er
Occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout its performance of the Services in the amount of one million dollars
($1,000,000)per occurrence and two million dollars ($2,000,000) annual aggregate.
6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million dollars ($11,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This coverage shall include
all Consultant-owned vehicles used in connection with its performance of the Services,
hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall
obtain an endorsement that City shall be named as an additional insured.
6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from
assigning any of the Services without the prior written consent of City. In the event of
mutual agreement between the parties to sublet or assign a portion of the Services,
Consultant shall add the assignee as an additional insured to Consultant's insurance policies
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and provide City with insurance endorsements prior to any Services being performed by the
assignee. Assignment does not include printing or other customary reimbursable expenses
that may be provided in this Agreement.
6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless
City, its elected officials, officers, employees and agents from and against any and all
actions, claims, demands, lawsuits, losses and liability for damages to persons or property,
including costs and attorney fees, that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of or in
connection with Consultant's negligent and/or intentionally wrongful acts or omissions in
performing the Services; but excluding such actions, claims, demands, lawsuits and
liability for damages to persons or property arising from the sole negligence or
intentionally wrongful acts of City, its officers, employees or agents.
ARTICLE 7 - GENERAL CONSIDERATIONS
TI In the event any action is commenced to enforce or interpret any of 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 attorneys' fees.
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7.2 Consultant's key personnel for the Project are:
Bill Gatlin, Vice President Shay Laurey, Biologist
Consultant agrees that these key people shall be made available and assigned to perform
the Services and that they shall not be replaced without concurrence from City.
7.3 All. documents, records, drawings, designs, cost estimates, electronic data files, databases
and other documents developed by Consultant pursuant to this Agreement and any
copyright interest in such documents shall become the property of City and shall be
delivered to City upon completion of the Services, or upon the request of City. Any reuse
of such documents and any use of incomplete documents will be at City's sole risk.
7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perforin the Services described in this Agreement. All
personnel employed by Consultant are for its account only, and in no event shall Consultant
or any personnel retained by it be deemed to have been employed by City or engaged by
City for the account of or in behalf of City.
7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.5 This Agreement may be terminated by City, without cause, by providing five (5) days prior
written notice to Consultant (delivered by certified mail, return receipt requested) of intent
to terminate.
7.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made, but no amount shall be allowed for anticipated profit or unperformed Services,
and any payment due Consultant at the time of termination may be adjusted to the extent of
any additional costs to City occasioned by any default by Consultant.
7.7 Upon receipt of a termination notice, Consultant shall immediately discontinue all Services,
and deliver or otheii,,,-ise make available to City, copies (in both hard copy and electronic
form, where applicable) of any data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for work completed up until notice of tennination,
7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in
performing the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.9 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties as to the matters contained herein,
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and any prior negotiations, written proposals or agreements with regard to the subject
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matter hereof between City and Consultant are superseded by this Agreement. Any
amendment to this Agreement shall be in writing, approved by City Council of City and
signed by City and Consultant.
7.10 This Agreement shall be governed by a nd c onstrued in accordance w ith the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS TOM DODSO & ASSOCIATES
8r
By: By:
USAN PEPPLEkf Bill Gatlin
4S
'SUSAN
Mayor Vice President
Tom Dodson & Associates
City rk/,
City
City
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ATTACHMENT "A" - 1
TONT DODSON & ASSOCIATES r-
2I50 N. ARROWHEAD AVENUE
SAN BERNARDINO,CA 92405 '
TEL (909) 882-3612 • 'FAX(909) 882-7015
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E-MAIL tda dtstonramp.cotn _
April 5, 2005
Mr. Bill Hemsley
City of Redlands
Cajon Street, Suite 20
Redlands, CA 92553
RE: REGULATORY PERMIT COMPLIANCE FOR THE ALABAMA STREET AND ORANGE STREET
BRIDGES IN THE CITY OF REDLANDS
Dear Mr. Hemsley:
Thank you for the opportunity to submit this proposal to assist the City of Redlands to comply with the
regulatory permit conditions for constructing the Alabama Street and Orange Street Bridges over the Santa
Ana River in the City of Redlands.
SCOPE OF WORK
Task 1: Project Coordination with the Resource Agencies
Tom Dodson &Associates(TDA)proposes to assist the City in determining a field contact representative.
The field contact representative is someone who is onsite daily throughout the project. TDA will do all of
the necessary coordination with the U.S. Fish and Wildlife Service (USFWS) and, if the need arises, will
coordinate with the other regulatory resource agencies who have permit authority over this project. During
all aspects of biological monitoring the TDA biologist will oversee compliance with the protective measures
outlined in the the USFWS biological opinion.
Task 2: Develop and Conduct a Worker Environmental Awareness Program
TDA will develop a "Worker Environmental Awareness Program" approved by the USFWS. TDA and will
administer the program to all personnel associated with the construction of the bridges. The program will
include pertinent information about the following: (1) Endangered Species Act requirements; (2)sensitive
habitats and all federally listed and proposed species that occur in the project footprint; (3) habitat needs
of all federally listed and proposed species, and areas where they are known to occur, or could potentially
occur,within the project footprint; (4)reasons for protecting biological resources; (5)measures that will be
taken to avoid and minimize incidental take during construction,operation, and maintenance activities; (6)
location of conservation and protected areas within the action area; (7) reporting procedures for
observations of listed and proposed species; (8) reporting procedures for incidents involving the take or
potential for take of listed and proposed species; (9) information regarding whom to contact if personnel
have further comments or questions about the material presented during training; and (10) information
regarding whom to contact at the USFWS to report non-compliance with the conservation measures in the
biological opinion and terms and conditions of the incidental take statement (or other potential violations
of the Act).
ATTACHMENT "A" - 2
Mr. Bill Hems|ey
April 5' 2005
Page
Task 3: Pnaconetruction Plant Survey
Prior to the commencement of any land disturbance activitiee. TO/\ proposes to nonductvvooUyatar and
upineflowarsurveys during the flowering season prior toconstruction. |feither ufthese plant species are
detected within the project footprint.theUSFVVSandCDFGvviUbo notified prior tOdisturbing the site.Any
and all vvooUySiarplants that are identified nuts|de, but near tothe Project area,vviU be flagged and fenced
off to prevent accidental take.
Task 4: Exclusionary Fence Installation Monitoring
TDA will have biological monitor, permitted tohandle SBKR.onsite during all aspects ofthe exclusionary
fence installation. The fence will be buried 12 inches below the surface and stand four feet above the
surface. It will encircle the entire project area to pnsventnaentry by SBKF|. The fence will be maintained
throughout construction. All burrows that may be disturbed by the installation of the fence, will be hand
excavated by the biologist. Other small mammal burrows near the fence line but out of harms way will be
flagged to prevent accidental crushing.
The limits of construction eho|| be marked prior to ground-disturbing activities and made clearly visible to
personnel on foot and to heavy equipment operators, The biological monitor will contact USFWS to verify
that the limits of construction have been properly staked and are readily identifiable. The movement of
enop|oyees,conatruoUVn, contractors and subcontractors,and equipment, including ingress and egress uf
equipment and personnel, eho|| be limited to existing roads and designated construction limits.
Task 5: Trapping and Relocation ofSBKFR
Prior to any ground disturbing oCtivities, and after the exclusionary fence is completely installed and
secured. TDA will provide e biologist permitted to handle GBKR. conducts live-trapping and relocation of
SBKR1oappropriate areas outside of the exclusionary fence. Trapping will be conducted for a minimum
of five nights, or until there have been two consecutive nights of trapping with no captures of S8KR or
USFVVS has provided written or verbal approval to discontinue trapping. TDA will draft a report
summarizing the result of the trapping and relocation and will submit it to the USFVVS.
Task 6: Biological Monitoring
ATDA biologist will be present during all aspects ofclearing and grading ofSBKRhabitat. During this time
all steep wailed holes and trenches will be inspected daily as outlined in condition 1.6 of the biological
opinion. The monitor will make euro that all vehicle maintenance and staging activities occur within
designated areas outside of the habitat and Santa Ana River. Following the initial grading the biological
monitor will spot check the site 10inspect the integrity Ofthe exclusionary fencing and tOensure compliance
with the various regulatory permit conditions. The monitor will also be onsite during the site clean Upand
fence nunnOv@|. The biologist will also draft and submit @ monthly compliance report and 8 project
Connp|8tiOD COnnp||aOoe report tothe City ofRedlands.
Task 7: Five Year Weed Control and Report
For five years after the project oomp!e(/on. TDA will remove exotic vegetation from the action area and
submit on annual report that describes the methods used, oboervation, problems enonuntered, and
remediation measures implemented.
ATTACHMENT `°B"
TOM DODSON & ASSOCIATES
SCHEDULE
fbr
THE REPLACEMENT OF ORANGE STREET AND ALABAMA STREET BRIDGES
AT THE SANTA ANA RIVER
REGULATORY PERMIT COMPLIANCE SERVICES
APRIL 19, 2005
Alabama Street Bridge
Task Description Begin Date End Date
Task 1 4/20/05 12/20/05
Task 2 5/2/05 11/21/05
Task 3 4/20/05 4/20/05
Task 4 5/2.105 5/23/05
Task 5 5/23/05 6/9/05
Task 6 6/13/05 12/20/05
Task 7 12/20/05 12/20/10
Orange Street Bridge
1'ask,Description Begin Date End Date
Task 1 4/3/06 12/20/06
Task 2 4/3/06 12/20/06
Task 3 3/30/06 3/30/06
Task 4 4/3/06 4/17/06
Task 5 4/17/06 5/1/06
Task 6 5/1/06 12/20/06
Task 7 1 12/20/06 1 12/20/11
ATTACHMENT "C"
M/. Bill Hema|ey
April 5. 2OO5
Page
PROPOSED BUDGET SCHEDULE
The following is 3 budget schedule for each of the tasks. TDA will perform these tasks on e time and
expense basis 8tthe following rates.
Task Description Alabama Orange
Task 1: Project Coordination with the Resource Agencies $2,000 $2,000
Task 2: Worker Environmental Awareness Program $2,000 $2,000
Task 3: Preconstruction Plant Survey $500 $500
Task 4: Exclusionary Fence Installation Monitoring $6,000 $6,000
Task 5: Trapping and Relocation of S13KR $5,000 $5,000
Task 6: Biological Monitoring $11,200 $11,200
Task 7: Five Year Weed Control Program and Report $5,000 $5,000
TOTAL Estimated Budget: $31,700 $31,700
Rates
Environmental Specialist | $15O.0O / hour
Regulatory Specialist $1O5,OO / hour
Biologist | $SO.O0 / hour
Biologist 11 $58.00 / hour
Biologist U| 853.0O/ hour
Admin /VVP/ Graphics $48.00/hour
Other Direct Costs: All other direct costs(travel, supp|ieo, printing' auboontnaoto, etc.)are
charged at actual cosi plus a 10 percent management/handling charge. Mileage will be
billed at$0.45 per mile.
Tom Dodson &Associates would be pleased to assist the City of Redlands in the referenced project. VVe
are fully committed to meeting the environmental compliance needs of the City of Redlands through the
successful completion ofthis project.
Ginuona|y'
Bill Gatlin
Vice President
BG/SEL/cmc