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HomeMy WebLinkAboutContracts & Agreements_226-2003_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR THE ALABAMA STREET AND ORANGE STREET BRIDGE PROJECT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE This Agreement is made and entered into this 2nd day of December 2003,by and between the City of Redlands, a municipal corporation (hereinafter "City") and Tom Dodson & Associates (hereinafter "Consultant"). ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant and Consultant hereby accepts the engagement, to perform CEQA compliance services which is more particularly described in Attachment "A" attached hereto and incorporated herein by this reference (the "Ser-vices") for the CEQA compliance related to the Alabama Street and Orange Street Bridge Project. 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 like and 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 rules,laws and regulations in the perfon-nance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. 3.3 City designates William B. Hernsley 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." ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $25,000.00 in accordance with the schedule as set forth in Attachment"C," and in accordance with the rates as listed in Attachment"D." 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the portion of the Services perfon-ned,who performed the Services,indirect costs,and the detailed cost of all Services including back-Lip 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 contractual 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 Public Works Department Tom Dodson & Associates PO Box 3005 2150 N. Arrowhead Avenue Redlands, CA 92373 San Bernardino, CA 92405 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 paragraph. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City. 6.2 Workers' Com p��nsation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its officers, employees 2 and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify,defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per 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 the duration of this Agreement 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 I million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, 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 subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. 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 under this Agreement; 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. 3 ARTICLE 7 - GENERAL CONSIDERATION- TS 7.1 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. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: Bill Gatlin - Principal in Charge Consultant agrees that these keypeople shall be made available and assigned to the Project and that they shall not be replaced without concurrence from City. 7.4 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 said above described 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. 7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the consulting services 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 on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by the City,without cause,by providing five(5)days prior written notice to the Consultant(delivered by certified mail,return receipt requested)of intent to terminate. 7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2)any payment due Consultant at the time of termination maybe adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.9 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and (2) deliver or otherwise 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 required by this Agreement. Consultant 4 shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7,11 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein, and any prior negotiations, proposals or oral arguments are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Tom Dodson& Associates By: 'x, ��k By: Mayor Tom Dodson Attest: Cit Clerk, CitX�' e' ­dlands ATTACHMENT A SCOPE OF SERVICES The City of Redlands (City) is proposing to construct two bridges over the Santa Ana River floodplain. One bridge is located at the Orange Street crossing and the second is located at the Alabama Street crossing. The City's decision to authorize funding for the bridges and to construct and maintain the bridges is discretionary and considered a "project" under the California Environ- mental Quality Act (CEQA). As such, the City must evaluate the environmental consequences of implementing the project and make a CEQA compliance determination. The only potentially significant impacts to the environment are those associated with biological resources. Of primary concern are three federally listed species (San Bernardino Kangaroo Rat [SBKR) and Santa Ana Woollystar and Slender-horned Spineflower). The project has undergone Section 7 consultation (federal Endangered Species Act) with the U.S. Fish and Wildlife Service (USFWS). The USFWS has issued a Biological Opinion (BO) stating that, if the proposed project is implemented with identified mitigation measures, the project will not jeopardize the continued existence of listed species or its designated critical habitat. As such,the USFWS has determined that the proposed project will not result in significant adverse impacts to biological species with implementation of mitigation identified in the BO. Therefore, it is Tom Dodson & Associates' (TDA) opinion that the City could adopt a Mitigated Negative Declaration (MND) as its CEQA determination for the bridges. It is our understanding that the Federal Highway Administration (FHWA) is proposing to adopt separate Categorical Exclusions (CE) for each bridge as its National Environmental Policy Act (NEPA) compliance determination for the project(s). The City could prepare one Initial Study (IS) and MND which evaluates both bridges or it could prepare separate IS's and MND's for each bridge. The brides will affect"waters of the United States"which are under the jurisdiction of the U.S.Army Corps of Engineers (COE) and a streambed under the jurisdiction of the California Department of Fish and Game (CDFG). The California Regional Water Quality Control Board (RWQCB) must also issue a Section 401 water quality certification prior to the COE issuing a Section 404 permit for disturbances to "waters of the United States". CDFG must also issue a Streambed Alteration Agreement for the project in compliance with Section 1600 of the State Fish and Game Code. The permits agreements and certifications will not be issued until after the City has completed its CEQA compliance requirements. The biological surveys for woollystar and spineflowerwere performed last spring/early summer with negative results. These surveys/reports are good for one year. Therefore, the scope of services for this project does not include new surveys. It has been assumed that the sites are occupied by SBKR (per BO) and further studies are not needed to complete the CEQA process. Therefore a trapping and exclusion program will not be initiated until just prior to construction. The scope of services for this project does not include SBKR trapping. Based on our understanding of the project, Tom Dodson & Associates (TDA) proposes the following scope of services. Task 1 - CEQA Compliance TDA will prepare a project description for both bridge projects for review by the City. These descriptions will fully describe the actions which must be taken by the City and responsible agencies under CEQA as well as actions by federal agencies. These descriptions will also describe the changes to the existing physical environment that will result from construction and operation of the bridges. TDA will prepare an Initial Study(les) (IS) utilizing the City's standard CEQA checklist form to evaluate the potential impacts to the environment from construction and operation of the bridges. TDA will utilize existing data, technical studies, and updated traffic counts of affected roadways for the evaluation. The IS will include substantiation for each issue evaluated and conclusion reached. Mitigation measures will be provided where necessary to reduce potential project-related impacts to the greatest extent feasible. TDA will provide the City with a screencheck draft of the completed IS for review and comment. Agreed upon revisions to the IS will be made and the document will be circulated for public review and comment. Usually the City Planning Department handles circulation of initial studies and filing the necessary notices. Due to its present workload, the Planning Department may require assistance. This proposal includes TDA assisting with the public noticing requirements of CEQA. Based on the nature of this project,the IS will be circulated to the State Clearinghouse for a 30-day review and comment period. Unless some issue(s)which is/are not known at this time arise, it is TDA's opinion that a Mitigated Negative Declaration will be the appropriate environmental determination for the project. TDA will assist the City with preparation of responses to any comments received during the public review period. TDA will also assist the City with preparation and processing of a Mitigation Monitoring and Reporting Programs, a Negative Declaration, and the Notice of Determination, if a Mitigated Negative Declaration is adopted for the project. It is also assumed that this CEQA compliance process will also include coordination with and review by Caltrans and possibly FHWA. These activities are included in the scope of services of this task. Task 2 -.Regulatory Compliance TDA will prepare and process the applications for the CDFG Streambed Alteration Agreement. RWQCB Section 401 water quality certification and a COE Section 404 permit for activities in the floodplain. This task includes meeting with these agencies and negotiating permit conditions. It should be noted that these permits/agreements are not required until the City commences physical alterations of the sites. However, if the City acquires these permits/agreements prior to spring/early summer of 2004, it can rely on the existing biological surveys. It is anticipated these agencies will require mitigation similar to that identified in the BO issued by USFWS. The scope of services of this task does not include the provision of additional biological surveys and reports. ATTACHMENT B ESTIMATED SCHEDULE Task I - CEQA Compliance 1. TDA will provide a screencheck draft of the IS within 4 weeks of authorization to proceed. 2. TDA will finalize the IS and prepare the required documents for distribution for public review and comment including the State Clearinghouse within 2 weeks of receiving the City's comments on the screencheck IS. 3. TDA will respond to all comments made on the CEQA documents and finalize the CEQA documents for use by City decision makers within 2 weeks of the close of the public review period. 4. TDA will assist the City with presentation of CEQA documents to lead agency decision makers. Task 2 - Regulatory Compliance 1. TDA will prepare and process the applications for the COE Section 404 permit, the CDFG Section 1600 Streambed Alteration Agreement, and the RWQCB Section 401 Water Quality Certification while the CEQA document is undergoing public review. 2. TDA will respond to comments made by these agencies and meet with the agencies to resolve their concerns. Because there are no "hard" response deadlines for these agencies and we can not anticipate their comments, and it is therefore not possible to establish a schedule to complete this task. We do anticipate securing the permit, agreement and certification prior to the need to perform additional biological surveys (spring/early summer 2004). Therefore, additional biological surveys are not included in the scope of work or time schedule. ATTACHMENT C FEE TDA will perform the services identified in Attachments A and B for the following fees: Task 1 (time and expense) $15,000.11 Task 2 (time and expense) $10,000.00 Task I At this time, it is not clear the extent of coordination with and review by other agencies that will be required or the extent of assistance the City will require to process the CEQA compliance documents. Therefore, TDA proposes to perform the services identified in Attachment A on a time and expense basis at the rates shown in Attachment D. This represents a maximum budget that we anticipate covers a maximum work effort to complete Task 1. Task 2 Due to the uncertainties of the extent of work needed to process the applications with the regulatory agencies, TDA proposes to provide these services on a time and expense basis at the rates shown in Attachment D. TDA proposes a maximum estimate budget for Task 2 that is anticipated to cover the greatest amount of work effort and TDA will invoice on a time and expense basis for actual work performed, ATTACHMENT D RATES TDA will invoice the work completed on a time and expense basis at the following rates: Environmental Specialist $140.00 / hour Regulatory Specialist $100.00 / hour Environmental Specialist 11 $85.00 / hour Ecologist/ Biologist 1 $85.00 / hour Environmental Specialist 111 $68.00 / hour Biologist 11 $53.00 / hour Biologist 111 $48.00 / hour Admin /WP / Graphics $43.00 / hour Other Direct Costs: All other direct costs(travel, supplies, printing, subcontracts, etc.) are charged at actual cost plus a 10 percent management/handling charge. Mileage will be billed at $0.40 per mile.