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HomeMy WebLinkAboutContracts & Agreements_117-2008_CCv0001.pdf AGREEMENT FOR THE PREPARATION OF A WATER AND WASTEWATER IMPACT FEE STUDY This agreement for preparation of a water and wastewater development impact fee study for senior apartment complexes ("Agreement") is made and entered into this l 5th day of July, 2008 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Raftelis Financial Consultants,Inc("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 prepare a water and wastewater development impact fee study for senior apartment complexes (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 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. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Wen Huang as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information,interpret and define City's policies and decisions with respect to performance of the Services. DJM/Agree/Raftelis Agreement l Water-wastewater Impact Fee Study 6/23/08 8:55 a.m. Citv Consultant Wen Huang Sudhir Pardiwala Municipal Utilities and Engineering Dept. Raftelis Financial Consultants, Inc. City of Redlands 201 S. Lake Blvd. 35 Cajon Street, Suite 15A Suite 803 PO Box 3005 (mailing) Pasadena, CA 91.101 Redlands, CA 92373 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 and payments are to be given by giving notice pursuant to this section 5.3. z:l ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 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. All insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty(30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain Worker's Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California, with an insurance carrier acceptable to City. 63 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 claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by Consultant's and its officers ,employees'and agents' sole negligent acts or omissions in performing the Services. 6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without the express prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements required by this Agreement prior to the performance of any Services by the assignee. Assignment does not include printing or other C7 customary reimbursable expenses that may be provided for in this Agreement, DMI Agree,Rafte I is Agreement 3 Water-Wastewater Impact Fee Study 6/23M8 8:55 a.rn, (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract: (v) granting City approval to a plan., design, report, study or similar item; (vi) adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity,participate in making a governmental decision or otherwise perform the same or substantially all the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 Attorneys' Fees. 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 the use of in-house counsel by a Party. 8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms. and conditions of this Agreement. 8.3 Documents and Records. All documents, records., drawings, designs, cost estimates,., electronic data files,databases and other documents developed by Consultant in connection with its performance of the Services, 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, shall be at City's sole risk. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor, Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. 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 WM/Agree'Raftelis Agreement 5 Water-wast e�water Impact Fee Study 61,23/08 8:55 at m. jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS RAFTELIS FINANCIAL CONSULTANTS By: By: Tina Kundig, Finance Director Su&dhir =ardiwala.�Vice President Attest: City lerk MWAgree/Raftelis Agreement 7 Water-Wastewater Impact Fee Study 6/23108 8:55 a.m. Task 3 —Determine Water Usage and Wastewater Generation There are several methods of estimating water usage and wastewater generation for multi-family residences (MFR) and senior housing (SH) apartments. Water usage can be measured by reading water meters. RFC will review the water records for the two types of housing units in the City. Wastewater generated can be estimated by several different methods. These are 1. Based on density per household. Surveys can be sent to selected residences to determine this. We will check census data and data from Department of Finance to obtain density per household for MFR. However, SH data is not available from these sources. 2. RFC will conduct a survey of surrounding agencies with similar characteristics and present the findings for review of City staff. This survey will include rate practices and facilities fee charges for MFR, SH and SFR customers. 3. Measure water use and wastewater flow. This requires measuring water usage by reading water meters and monitoring wastewater flow. Wastewater measuring meters will need to be installed in convenient locations and flow measured for seven days. A minimum of five locations should be considered. The number of dwelling units at each location will be determined to calculate the usage per dwelling unit. The price for this option will be negotiated with the City after selection to determine if the City has resources to conduct this task. The usage and flow measurement will be an optional task at the City's discretion. Task 4--Analyze Existing; Fee Structure RFC will analyze the existing rate structure for MFR units in comparison to the SFR customers. Additionally based on the data from Task 3, RFC will determine the fairness of the charges to SH customers. The use of the same tiered water rate structure applied to all customers will be analyzed and the pros and cons of correcting inequities will be reviewed. Additionally, on the wastewater side, the current rates applied to MFR units will be reviewed in light of the data from Task 3. Similarly the equity of facilities fees will be analyzed. Task 5—Develop Model. DM—Agree/Rattelis=Agreement 9 Fater-Wastewater impact Fee..Study 6/23/08 8:55 a.m. EXHIBIT B PROJECT SCHEDULE RFC shall complete the draft report stage within six weeks of notice to proceed. MMIAgree/Raftelis Agreement Water-Wastewater Impact Fee Study 6!23/08 8:55 a.m. EXHIBIT D RATESCHEDULE Hourly Rates RFC proposes to provide the tasks identified in our Scope of Services at the hourly billing rates shown in the table below. Hourly Billing Rate Project Manager $210 Consultant $160 Clerical S 60 Reimbursement of Direct Expenses Direct expenses are costs incurred in providing the services outlined in the proposed Scope of Services. Such expenses include items such as travel, technology charges, postage, long distance telephone, reproduction,etc. DIM/Agree/Raftelis Agreement 13 Water-Wastewater Impact Fee Study 6/23/08 8:55 a.m.