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HomeMy WebLinkAboutContracts & Agreements_76-2003_CCv0001.pdf AGREEMENT TO FURNISH ENVIRONMENTAL CONSULTING SERVICES FOR EXPANSION OF THE HENRY TATE WATER TREATMENT PLANT This Agreement is made and entered into this Pith day of May 2003, by and between the City of Redlands, a municipal corporation(hereinafter"City")and Tom Dodson&Associates,hereinafter ("Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform professional environmental consulting services("Services")for expansion of the Henry Tate Water Treatment Plant (See Attachment"A") in Mentone, California("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 high quality Services for the Project at the level of competency presently maintained by other practicing professionals 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,"entitled"Scope of Work,"which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws, and Americans with Disabilities Act. 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 or right-of-way as required by Consultant to perform the Services. 3.3 City designates Greg Gage,Project Manager,to act as its representative with respect to the Services to be performed under this Agreement. 1 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 "Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NOTICE 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$7,000. City shall pay Consultant on a time and material basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee" based on the hourly rates shown in Attachment"D", entitled"Schedule of Fees". 5.2 Consultant- shall bill City for services by submitting an invoice indicating 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 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: ciiy Consultant Greg Gage Bill Gatlin Municipal Utilities Department Tom Dodson& Associates 35 Cajon Street 2150 N. Arrowhead Avenue P. O. 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. 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 person to whom notices, bills, 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 lVith 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 Nvork. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty(30) days prior-,-vTitten notice to Citv. 2 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Worker Compensation and Employer's Liability insurance throughout die duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to the City. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees 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 the 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 claim made. 6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,with minimum limits of one 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 the 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 Fvithout 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 the 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. 3 6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify,and hold harmless City and its elected officials,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. ARTICLE 7 - GENERAL CONSIDERATIONS 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: Project Manager: Bill Gatlin 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. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant and any copyright interest in said above-described documents, 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 the City, without cause,by providing ten(10) days prior written notice to the Consultant(delivered by certified mail,return receipt requested)of intent to terminate. 4 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 farm,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 This Agreement,including the attachments 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 written Agreement. Any amendment to this Agreement,to be effective,shall be in writing and approved by the City Council of City and signed by City and Consultant. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Tom Dodson & Associates ("City") ("Consultant") By: t By: — KARL N.HAWS Bill Gatlin Mayor Vice President ATTEST: City Jerk, Ci dlands Attachment A Scope ofWork Tom Dodson & ASsO[iateS JDA) will assist the City OfRedlands (City) with the Tate Water Treatment Plant project. \tiSour understanding that the City isproposing to expand the surface water treatment capacity Ofits Tate Plant. The City\Santicipating using state and federal funds tO finance the plant n0OdhiC8hOnS. Due to the pOt8OU8\ use of federal fUOdS. itis necessary that N8UOD@\ EOVirODOleOb]| Policy Act (NEPA) [8q4{reO0RDts for compliance with GeCbOn 108 of the National Historic Preservation Act and potential impacts to sensitive biotic resources be met(CEQA P\US). Task 1: Cultural Resources Survey TDA will provide the City and other responsible agencies with 8cultural resources (8rch88O|Ogic. historic resources)survey and report. This investigation will include 8record and literature review, field survey,consultation with the Native American Heritage Commission (NAHC)' local tribes, and the State Historic Preservation Officer(SHP{}). These activities are required byState agencies 0o comply with NEPA due to the involvement of federal funds in the loan process. The goal Ofthis task will b8hOobtain concurrence from 8HFz[}OOthe findings and recommendations provided inthe report. The area covered bythe cultural resources investigation will include the City's Tate Water Treatment Plant (Tate Plant)site. Task 2: Biological Evaluation TDA will informally consult with iJ.S. Fish and Wildlife Service (\]SFVVS) regarding the absence Vf SeDS\UVe biological resources onsite. The goal Ofthis task i8tOsecure written concurrence from USFVVS that the proposed project will no[ adversely effect any sensitive species. L]SFVVS con- currence will satisfy State and Federal requirements regarding impacts to biological FeGOUnC88. Task3: CEQA/ NEPA Compliance TDA will also provide 8letter report b} the City's Community Development Department evaluating the adequacy Ofthe previous CE[)Adocument and determination adopted for the project. Use of the adopted determination will save the City between 60 and 90 days to meet State CE[}A compliance requirements. Attachment B Schedule 1 TDA will submit the cultural and biological resources evaluation to the City no later than 5 weeks after authorization to proceed. 2. TDA will commence consultation with USFWS upon authorization to proceed. 3. TDA will provide the City with a written evaluation of the existing CEQA documents within 2 weeks of authorization to proceed. Attachment C Project Fee TDA will provide the services identified in Attachments A and B at the following fees: Task 1 $2,200."' Task 2 T&M Task 3 T&M Total, Not to Exceed Amount:$7,000.00 TDA proposes to provide Tasks 2 and 3 on a time and expense basis at the rates shown on Attachment D, Rates. ~ ^ Attachment Schedule ofFees TDA will invoice Task 1OO8percent Vfcompletion basis. TDA will invoice Tasks 2and 3On8time and expense basis 8tthe following rates: Environmental Specialist $125.00 / hour Regulatory Specialist $85.00 / hour Env. Specialist || $8O.00/ hour Ecologist/ Biologist | $80.00 / hour Biologist 11 $5U.0O / hour Biologist 111 $45.00 / hour Admin /VVP/Graphics $4O.O0/ hour Other Direct Costs: All other direct costs /trava|. supplies, printing, subcontracts, etC.1are charged at actual COBt plus a 10 percent nl8Dagement/hand ling charge. Mileage will bebilled 8t $0.4Oper mile.