HomeMy WebLinkAboutContracts & Agreements_95-2005_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR
THE REDLANDS SPORTS PARK BIOLOGICAL ASSESSMENT PREPARATION AND
COMPLETION OF THE SECTION 7 CONSULTATION PROCESS
This Agreement is made and entered into this 17th day of May, 2005, by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Michael Brandman Associates
(hereinafter "Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform environmental consulting services to ensure
compliance of the Redlands Sports Park Project with the conditions of the US Fish and
Wildlife Service Biological Opinion (the "Services").
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 laws in its performance
of the Services including, but not limited to, all California Labor Code requirements and non-
discrimination
on-
discriiiiination laws including') the Federal Americans with Disabilities Act and the state's Fair
Employment and Housing Act.
2. L Les p
3 Consultant acknowled1---s and agrees that if it viola, the provisions of the California Labor
Code relating to prevailing wage that City may withhold payments to Consultant pursuant to
Labor Code sections 1726, 1727 and 1771.6.
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 Se rvices.
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.
33 City designates William B. Hemslev 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 complete such
Services within one year of the date of this Agreement. The Services may commence on June
6, 2005 and shall end on June 6, 2006, unless an extension is approved by City.
ARTICLE - PAYMENTS TO THE CONSULTANT
5.1 Consultant shall be paid for the Services at the hourly rates listed in Attachment "B;"
provided, however, the total compensation for Consultant's perform ance of the Services
shall not exceed $45,000,00.
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, and the
detailed cost of all Services including backup documentation. Payments by City to
Consultant shall be made within thirty (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
McGill am B' Hemsley Tom
William B. Hernsley Tom McGill
Public Works Department i Mchael Brandman Associates
PO Box 3005 6�21 E. Carnegie Drive, Suite 100
Redlands, CA 92373 San Bernardino, CA 92408
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail, Changes inay 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.
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. I 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' Compens ation and Employer's L i4bility
A.Consultant shall secure and maintain Workers' Compensation and Employer's Liabi lity
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 iii 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.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout its performance of the Services 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 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 ($1,000,000)
$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 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 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
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's key personnel for the Project is:
Tom McGill - Regional Manager
Consultant agrees that this key person shall be made available and assigned to the
Project and that he 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 perform 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 A�,,Freement 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 in
1,6 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
4
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 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.
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,and any prior negotiations,written proposals or agreements with
regard to the subject 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 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 MICHAEL BRANDMAN ASSOCI ES
By:
Susan Peppier
Tom McGill
Mayor
Attest:
Beatrice Sanchez
Deputy City Clerk
5
Proposal to Conduct San Bernardino Kangaroo Rat Attachment A
Monitoring and Relocation for the Redlands Sports Park
SCOPE OF SERVICES
Task 1. SBKR Monitoring
Before debris removal and fencing begins,a qualified MBA Biologist will identify burrows and/or other
suitable habitat and flag these areas for avoidance. The biologist will also identify appropriate areas for
equipment staging, storage,ingress and egress routes and will designate stockpile and work areas. The
biologist will remain onsite during all debris removal and construction activities.
Task 2. Habitat Management Plan
A Habitat Management Plan will be prepared addressing the potential number of SBKR that will inhabit
the proposed conservation area, including an explanation for this determination. Further,a qualitative
evaluation will be made of the capacity of the proposed conservation areas to support SBKR. The Plan
will also include management recommendations for the short-term(until an offsite conservation area is
established) protection and maintenance of the proposed conservation area, as well as actions that will be
required to enhance conditions within selected portions of the proposed conservation areas for increasing
its capacity for supporting SBKR.
Task3. California Department of Fish and Game (CDFG) Permitting
Since SBKR is a State listed as well as federally listed species,a separate permit from CDFG is needed.
MBA will prepare a transmittal letter for submitting the Biological Assessment(prepared for U.S. Fish
and Wildlife Service [USFWS])to CDFG as part of the State's 2080.1 permit program, in lieu of
preparing a separate State permit application. MBA will work with the local CDFG office and the
Sacramento office to process the 2080.1 permit application/Memorandum of Understanding(MOU)in an
expeditious manner.
Task 4. Trapping and Relocation of SBKR
After the conservation area has been fenced,according to specifications,and the orange trees removed,
SBKR will be trapped by USFWS-approved biologists from the remaining portions of the Sports Park
complex and immediately relocated to the fenced conservation area. Trapping will be conducted over a
10-night period or until no animals are caught over two consecutive nights.
Task 5. Letter Report of Findings
MBA will prepare a letter report to USFWS documenting all monitoring,trapping,and relocation efforts.
This letter should be submitted within 30 days of finishing SBKR relocation.
Michael Brandman Associates
H:\Client106291Proposals10629P015-SBKR Monit-Reloc Prop,doc
Proposal to Conduct San Bernardino Rat
Monitoring and Relocation for the Redlands Sports Park Attachment B
SCHEDULE OF COSTS
Task 1. SBKR Monitoring
($05Oper day zl5days,maximum)............................................................................$g'750
Task 2. Habitat Management Plan........................................................... ...................................6.0OO
Task3. CDFQPermit.................................................................................................... ..............3,5O0
Task 4. 8DKRTuappin /Re\oouboo
($65Oper night utwo biologists xlOuiAbts) ......... — ................... ...........................13,000
Task 5. Letter Report of Findings.............................. ............................................................... -1,5�X0
SubtotalProfessional Labor.........................................................................................................$33,750
Indirect Costs(o6ntoa,reproduction,mileage,per diem)......................... .....................................$_4,000
TOTALFEES................................................................................................................................$37,750
CONTINGENCY.......................................................................................$7.25O
GRANDTOTAL......................................................................................$45,00O
Michael ara"mnmxAssociates I