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HomeMy WebLinkAboutContracts & Agreements_47-1999_CCv0001.pdf AGREEMENT TO FURNISH SURFACE MINE COMPLIANCE SERVICES This Agreement is made and entered into this 1ra by between the City of Redlands, a municipal corporation y (hereinafterof May, l�"City") and EnviroMINE (hereinafter "Consultant"). Y") and In consideration of the mutual promises, covenants and conditions i set forth, City and Consultant hereby agree as follows: hereinafter AR!1CLE 1 - ENGAGEMENT OF CQNS rr. . civ�uL1HIV I 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform surface mining compliance services "Services") in support of the City's requirements as setforth by the C to Development Code, Section 18.156.49, Article 11, Surface Mining and Land Reclamation and the Surface Mining and Reclamation Act of 1975 (as amended). 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 high quality Services for the Project at the level of competency presently maintained b professional consultants in the industry providing y other Practicing services. g similar types of ARTICLE 2 - SERVI E OF f'nNSITT TANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment "A," entitled "Proposal to Provide Surface Mine Compliance Services for the Cities of Highland and Redlands," which is attached hereto and incorporated herein by this reference. ARTICLE 3 - RE PONSTRTT TITS OF C Ff y 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 provision for Consultant to enter upon Surface Mining sites regulated by the Development Code as required by Consultant to perform the Services. �f ti Agreement to Furnish Mining Compliance Services Page 2 3.3 City designates John Jaquess, City Planner, to act as its representative 0 with respect to the Services to be performed under this Agreement. t ARTICLE 4 - PERIOD OF SERVICES 4. 1 Consultant shall perform the Services in a diligent manner in accordan with time schedules setforth in Attachment "A," or as determined b e y the City and Consultant when specific Services are assigned. ARTICLE 5 -PAYMENTS TO THE CONSULTANT 5. 1 Compensation for Consultant's performance of the Services will be reimbursed for actual labor and materials expenses as outlined in Attachment A. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment A. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, indirect costs, and the detailed cost of alI 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 contractual notices, bilis 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: C Ly John Jaquess Consultant Community Development Department EnvroMINER. Coalson, President City of Redlands 3511 Camino Del Rio South P.O. Box 3005 Suite 403 Redlands, CA 92373 San Diego, CA 92108 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the personal to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. Agreement to Furnish Mining Compliance Services Page 3 AR'T'ICLE 6- TNR T TR A 7\TrE AND INDE MNLFTCATION 6. 1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect City from claims for damage due to personal injury and death, and claims for injury to or destruction of property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit Of $1,000,000, and in the aggregate. Consultant shall maintain comprehensive automobile liability insurance with a combined single limit Of $1,000,000 for bodily injury and property damage. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expenses, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omissions or -failure to act on the part of the Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE 7 -GENERAL CO SIDERATUIONS 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 additional 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 Warren R. Coalson and Rick R. Carpenter. Consultant agrees that the key personnel shall be made available and assigned to the Project and that they shall not be replaced without concurrence from City. Agreement to Furnish Mining Compliance Services Page 4 7.4 All documents, records, drawings, designs, cost estimates, electronic data files and databases, and other Project documents developed by the Consultant pursuant to this Agreement 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 for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. 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 either party, without cause, by providing thirty (30) days prior written notice to the other (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 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. 7.9 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. 10 This Agreement, including the attachment incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements 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. 11 This Agreement shall be governed by and construed in accordance with the laws of the State of California. x Agreement to Furnish Mining Compliance Services r Page 5 IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands ("City") ("Consultant")("Consultant") r � By. x WILL E. C NG M � WARREN R.COALSON Mayor President ATTEST: City, Jerk, oands