HomeMy WebLinkAboutContracts & Agreements_120-2010_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES
This agreement for professional services ("Agreement") is made and entered into this 3rd
day of August, 2010 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City„) and ICF Consulting, Services L.L.C. ("Consultant"). City and Consultant
are sometimes individually referred to herein as a"Party"and,together, as the"Parties."
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 update the City's Hazard Mitigation Plan, in
accordance with the FEMA Local Hazard Mitigation Plan requirements presented by 44
CFR §201.6 (the "Services"). The specific Services which Consultant shall perform are
more particularly described in Exhibit "A," entitled "Scope of Services," which is
attached hereto and incorporated herein by this reference.
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.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of its obligations under this Agreement including, but not limited to,
the Americans with Disabilities Act and the Fair Employment and Housing Act.
ARTICLE 2 -RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services..
ARTICLE 3 -PAYMENT AND NOTICE
3.1 City shall pay the sum of;Sixty Eight Thousand Seven Hundred and Forty Four Dollars
($6$,744) to Consultant as full compensation the Services in accordance with the
payment schedule attached as Exhibit `B," entitled "Project Costs and Fee Schedule,"
which is attached hereto and incorporated herein by this reference.
3.2 Payments by City to Consultant shall be made within thirty (30) days after receipt and
approval by City of Consultant's detailed invoice. Invoices shall be sent to City on a
monthly basis. Consultant's invoices shall include a brief description of the Services
performed and the dates the Services were performed.
3.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
mail should be addressed as follows:
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City: Les Jolly
Interim Quality of Life Director
City of Redlands
PQ Box 3045
Redlands, CA 92373
Consultant: Jodi Young
ICF International
921 Helene Court
Rohnert Park,CA 94928
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 who notices are
to be given by giving notice pursuant to this section.
ARTICLE 4 -INSURANCE AND INDEMNIFICATION
4.1 Insurance. All insurance required by this Agreement shall be maintained by Consultant
for the duration of its performance of the Services. Consultant shall not perform any
Services 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 the Services.
4.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain
Workers' Compensation and Employer's Liability insurance throughout the duration of
this Agreement in accordance with the laws of the State of California, with an insurance
carrier acceptable to City.
4.3 Hold Harmless and Indemnification.
a. Consultant shall defend, indemnify and hold harmless City and its elected
officials, employees and agents from and against any and all claims, losses or
liability, including attorneys' fees, arising from injury or death to persons or
tangible or real damage to property occasioned by Consultant's and its officers',
employees' and agents' sole negligent acts or sole negligent omissions in
performing the Services.
b. City shall defend, indemnify and hold harmless Consultant and its officers,
employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to
tangible or real property occasioned by City and its elected officials, employees
and agents sole negligent acts or sole negligent omissions.
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4.4 Commercial General Liability Insurance. Consultant shall secure and maintain in force
throughout the term of this Agreement commercial general liability insurance with
carriers at least A-VIII or better by the then current edition of Best's Insurance Reports
published by A.M. Best Co. 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. City shall be included as an additional insured.
Such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
4.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage
with minimum Iimits of One Million Dollars ($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 in connection with Consultant's provision of
the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City
shall be included as an additional insured. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City.
ARTICLE 5 -GENERAL CONSIDERATIONS
5.1 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, including fees for use
of in-house counsel by a Party
5.2 Consultant shall not assign any of the Services to be performed under this Agreement,
except with the prior written approval of City and in strict compliance with the terms,
provisions and conditions of this Agreement.
5.3 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.
5.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. 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.
5.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
5.6 This Agreement may be terminated by either Party, in its sole discretion and without
cause, by providing thirty (30) business days' prior written notice to the other Party
(delivered by certified mail, return receipt requested) of intent to terminate.
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5.7 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 unperfonned
Services, and (2) 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.
5.8 Upon receipt of a tennination notice, Consultant shall immediately discontinue all
Services affected, and within five (5) business days of the date of the termination notice,
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. Consultant shall be compensated
on a pro-rata basis for work completed up until notice of termination.
5.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
5.10 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Any amendment to this Agreement shall be in
writing, approved by City and Consultant.
5.11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS !A-THEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS:
By
Pat Gilbreath,Mayor
ATTEST:
By:
Sam Irum, ity Clerk
ICF Consulting Services,L.L.C.:
4,11
�f
By.
F.Michael Gray
Vice President, Director of Contracts
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EXHIBIT A-SCOPE OF SERVICES
1. Review the 2005 Hazard Mitigation Plan and the 2005 FEMA HMP Crosswalk
2. Assist with the identification of a Planning Team of local stakeholders
3. Conduct and facilitate Planning Team meetings to review, validate, and update information from
the 2005 NMP
a. Prepare meeting agendas
b. Prepare a summary of meetings invitees, attendees, action items, and resolutions
4. Reorganize the HMP, where appropriate, to ensure compliance with the 2008 FEMA Crosswalk
a. Restructure the 2010 HMP into the following sections
L Introduction
ii. Plan Adoption
iii. Planning Process
iv. Risk Assessment
v. Community Capability Assessment
vi, Mitigation Strategies
vii. Pian Maintenance
5. Develop five (5)city-level hazard maps for inclusion into the plan document(JPEG format): USES
liquefaction susceptibility(1), State of California Alquist-Priolo earthquake fault zones(1), CDF fire
hazard severity zones(1), FEMA flood hazard areas(1), and a dam inundation area map (1). The
maps will also include the location of select essential services(police stations,fire stations, EOC,
public schools, and wastewater treatment plants)
6. Develop facility-specific hazard identification tables for the select essential facilities
7. Preparelincorporate risk assessment tables for:
a. Three (3)earthquake scenarios, including the potential impact of liquefaction. Tables will
illustrate city-level economic and populations impacts, and damage and functionality
estimates for select essential facilities.
b. Countywide damage and population impacts for the 1% annual chance flood (100-year
flood) and the 02%annual chance flood (500-year flood), as modeled in the FEMA-funded
San Bernardino Essential Facility Risk Assessment Project completed in 2009.
c. Facility-specific flood impacts for selected essential facilities,from the San Bernardino
Essential Facility Risk Assessment project.
8. Incorporate the data from the Planning Teams and other research into the following 2010 HMP for
the following sections:
a. Planning Process
b. Risk Assessment
i. The City will identify and briefly describe any flood, fire, or earthquake disasters that
have impacted the City since 2004, when the previous plan was written
c. Mitigation Strategies
9. Provide technical support and assist with the development of the following 2010 HMP sections:
a. Introduction
b. Plan Adoption
c. Community Capability Assessment
d. Plan Maintenance
10. Incorporate,finalize, and prepare an electronic copy of the 2010 HMP for submittal to Cal EMA
11. Review the 2010 HMP and complete the 2008 FEMA HMP Crosswalk
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12. Coordinate with Cal EMA and FEMA to incorporate necessary revisions to the 2010 HMP
Deliverables:
• Conduct and facilitate Planning Team meetings
— Risk Assessment-two (2)in-person and four(4)virtual
— Mitigation Strategies-three(3) in-person and four(4)virtual
• Five (5) city-level hazard maps
• Facility-specific hazard identification tables
• Risk assessment tables for:
— Three(3)earthquake scenarios
— Countywide damage and population impacts for the 100-and 500-year flood events
— Facility-specific flood impacts for selected essential facilities
• Draft 2010 HMP and Crosswalk
• Final Draft HMP and Crosswalk
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Exhibit B- Project Costs and Fee Schedule
1. Price Proposal
ICF is pleased to provide this firm fixed price cost estimate to the City of Redlands. Our technical Scope of Work demonstrates
that the ICF Team has experienced,field tested Hazard Mitigation and Planning expertise to support the City of Redlands update
A multi-Hazard Mitigation Plan(HMP).
1.1 Appropriate Budgets and Level of Effort
Developing a fee proposal for a technical Scope of Work(SOW)such as this can be challenging. The City of Redlands draft
SOW identifies their expected requirements for an updated 2010 HMP;however,there are a number of variables left to be
determined that could impact the products delivered,as well as the associated costs. Because of this uncertainty,ICF has made
several project and cost assumptions as the basis for developing its offer(see section 1.4). To the extent that these
assumptions are inconsistent with City of Redlands,ICF can add,delete or modify its approach to specific activities,adjusting its
offer,as appropriate,prior to finalizing any resulting contract. ultimately we recognize the need to be flexible and stand ready to
make these kinds of adjustments. As a seasoned and successful federal,state,and local contractor, ICF prides itself on doing
whatever it takes to get the job done well. That notwithstanding,we understand the need for a specific cost estimate and have
developed our budget based on what we believe to be reasonable assumptions about the nature of the work.
1.2 Period of Performance
The proposed period of performance is as follows:July 1,2010 through January 31,2011.
1.3 .Type of Contract
ICF is proposing a firm fixed price offer of$68,744, This offer is inclusive of all fully loaded labor cost and other direct costs.
Proposed services and prices are valid for 90 calendar days from the date of submission.
1.4 invoicing Schedule
ICF will invoice the City of Redlands in accordance with the following payment schedule.
Milestone Payment
Contract Execution $10.000
September-10 $20,000
October-10 $15,000
November 10 $15,000
January 10 $8,744
Total $68,744
1.5 Costing Assumptions
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The teat below describes the level of effort and other direct cost assumptions that have been included in our cost proposal:
■ ICF assumes that any change in the contract's period of performance or project scope,or requested
change to the activities or deliverables proposed in ICF's Cost Proposal will be reviewed by ICF and
the City of Redlands for project impacts, including cost considerations, and allow for price negotiation.
■ ICF's proposal is contingent upon negotiation of the final terms and conditions of the agreement.
■ ICF has assumed that all meetings will be held at client furnished offices. Consequently, ICF has not
included any cost to cover meeting room rental,AV equipment or refreshments.
■ IGF has assumed that a kick-off meeting will held within five (5)business of execution of a contract via
conference call.
■ ICF has assumed that the City of Redlands will contact and encourage individuals for membership on
the Planning Team.
■ ICF has assumed that all scheduled conference calls will last no longer than one and a half(1 /a) hours
and all scheduled meetings will last no longer than four(4) hours. Refer to the Technical Scope of
Work for a listing of proposed conference calls and meetings.
■ ICF has assumed it will update the three (3) primary hazards(earthquake, flood, and, fire)section of
the HMP and provide technical support to the updating of the remaining sections.
■ ICF has assumed that the City of Redlands,with the technical support of ICF, will review and update
the remaining HMP sections; Introduction, Plan Adoption, Community Capability Assessment, and Plan
Maintenance.
■ ICF has assumed that the City of Redlands will provide recent earthquake,flood, and fire events to
impact the city since 2004.
• ICF assumes that draft deliverables will be reviewed and either approved or returned to IGF with
consolidated comments within five(5)working days of their submission and that one (1)draft review
period will be sufficient to deliver products as final.
■ ICF has assumed that the City of Redlands will pay for all shipping and photocopy costs for all
necessary internal and external review of the HMP.
2. Additional Information
ICF has prepared this submission based on a Firm Fixed Price contract. Specific information regarding use of ICF includes:
• DUNS Number—06-524-6527(this is for the entity ICF Consulting Services,L.L.C.)
• CAGE Code—3AV32
• Federal Tax Identification Number-04-3647360
• Size Status—Large Business
.Cognizant Government Audit Agency
Defense Contract Audit Agency(DCAA)
Fairfax Branch
171 Elden Street
Suite 315
Hemdon,Virginia 20170-4810
Ms.Lynne Newitt
Supervisory Auditor
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(703)3774657
Jynne.newt@dcaa,mi[
Remittance Address
Electronic Funds Transfer Address:, OR Lockbox Address:
Account Name: ICF Consulting Group,Inc. ICF Consulting Services,L.L.C.
Fairfax,Virginia P.O.Box 7777—W510501
Philadelphia,PA 19175-0501
Bank: Citizens Bank
1 Citizens Drive
Riverside,Rl 02915
ABA Number. 036076150
Account Name: ICF Consulting Group,Inc.
Account Number 6203219502
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Disclosure Agreement between the City of Redlands and GGP-Redlands Mall,
L.P.to facilitate an appraisal of the value of the mall.
Resolution No. 6973 - Street Designation - On motion of Councilmember
Aguilar, seconded by Councilmember Gallagher,the City Council unanimously
approved Resolution No. 6973 accepting a portion of Shoppers' Lane into the
City of Redlands street system and dedicating that portion for public use as a
City street.
Resolution No. 6970 - Levying; Tax - On motion of Councilmember Aguilar,
seconded by Councilmember Gallagher,the City Council unanimously approved
Resolution No. 6970 setting the maximum tax rates for Community Facilities
District No. 2004-1 and authorizing the City Clerk to file all necessary
information with the County Auditor/Controller for FY 2010-2011.
Fee Waiver - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved a request
from Stater Bros. Charities for a waiver of fees for the use of the Redlands
Bowl, Lincoln Shrine,Smiley Park, Sylvan Park and Ed Hales Park for the 3rd
Annual Believe and Walk for the Cure to benefit the Loma Linda University
Cancer Center's Patient Resource Center to be held on October 3,2010.
Fee Waiver - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved a request
from the Redlands Morning Kiwanis Club for a fee waiver and the return of all
fees paid for the use of Sylvan Park for a Firefighter Rib Cook Off to support
local activities that benefit children to be held on September 4,2010.
Professional Services Agreement - Ch1 motion of Councilmember Aguilar,
seconded by Councilmember Gallagher,the City Council unanimously approved
a Professional Service Agreement between the City of Redlands and TCF
Consulting to update the City's Hazard Mitigation Plan.
Resolution No. 6283,,,- Grant Application - On motion of Councilmember
Aguilar, seconded by Councilmember Gallagher, the City Council unanimously
approved Resolution No. 6983 authorizing the submission of an application to
the Strategic Growth Council's Sustainable Communities Planning Grant to fund
the state mandated update to the City of Redlands General flan.
Recreation Fundraiser - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved the
authorization of Dan Damon Music Productions to hold a fundraiser at the
Redlands Bowl to benefit the City of Redlands Recreation and Senior Services
Programs and a request for a waiver for the production company's portion of the
fees for the event.
Facility Use Agreement - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved an
agreement between the City of Redlands and the County of San Bernardino for
the use of the Redlands Community Center multi-purpose room for the county's
Women,Infants and Children Program.
Contraband Detection Agreement - On motion of Councilmember Aguilar,
seconded by Councilmember Gallagher,the City Council unanimously approved
an agreement between the City of Redlands and the Redlands Unified School
District to provide a Contraband Detection Canine Program to the schools.
esol tion No. 6972 - Weed Abate nt AA§LssMent - On motion of
Councilmember Aguilar, seconded by Councilmember Gallagher, the City
Council unanimously approved Resolution No. 6972 providing for the
August 3,2010
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