HomeMy WebLinkAboutContracts & Agreements_88-2012_CCv0001.pdf AGREEMENT TO PERFORM ENVIRONMENTAL CONSULTING SERVICES
ASSOCIATED WITH THE CITY OF REDLANDS
PEER REVIEW OF INITIAL STUDY FOR DEMOLITION
This agreement for the provision of environmental consulting services for the City of
Redlands("Agreement")is made and entered into thisj_f*',day of June,2012("Effective Date"),by
and between the City of Redlands,a municipal corporation("City')and Tom Dodson and Associates
("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 for the provision of a peer review of the Initial Study for
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demolition of an existing single family residence and replacement by another single
family residence (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 that Consultant shall perform are more particularly described in Exhibit
"A," entitled"Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with 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 Citv shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Mr. Oscar Orci 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.
ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
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with the schedule set forth in Exhibit "A."
4.2 During the term of this Agreement, City may request that Consultant perform Extra
Services. As used herein, "Extra Services" means any work that is determined necessary
by City for the proper completion of the project or work for which the Services are being
performed, but which the Parties did not reasonably anticipate would be necessary at the
time of execution of this Agreement. Provided the Extra Services do not exceed twenty
percent(20%)of the compensation to be paid by City to Consultant for the Services, such
Extra Services may be agreed to by the Parties by written amendment to this Agreement,
executed by a duly authorized City official in accordance with Chapter 2.16 of the
Redlands Municipal Code. Consultant shall not perform, nor be compensated for, Extra
Services without such written authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Three Thousand Five Hundred Dollars ($3,500). City shall pay Consultant on a
time and materials basis up to the not to exceed amount, in accordance with Exhibit "B,"
entitled"Rate Schedule"which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the work performed during the
preceding month. Consultant's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom,
and a description of reimbursable expenses related to the project. City shall pay Consultant
no later than thirty(30) days after receipt and approval by City of Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
Ci Consultant
Oscar Orci Mr. Tom Dodson
Development Services Director President
City of Redlands Tom Dodson and Associates
210 E. Citrus 2150 North Arrowhead
PO Box 3005 (mailing) San Bernardino, CA 92405
Redlands, CA 923)73
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 whom notices and payments are
to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 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
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until 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. 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 Consultant shall secure and maintain Workers' 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 as
described in Exhibit "C." entitled"Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 Consultant shall secure and maintain in force throughout the term of this 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. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty (30) days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance shall be delivered to City prior to commencement of the
Services.
6.4 Consultant shall have business auto liability coverage, with minimum limits 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 named as an
additional insured and a certificate of insurance and endorsement shall be delivered to
City prior to commencement of the services. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City.
6.5 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 and negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property, or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
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interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i)the making or any City governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws,
(ii)the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorizations or entitlements;
(iii)authorizing City to enter into. modify or renew a contract;
(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.
E. 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 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 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Parte 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 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 Project related documents, records, drawings, designs, cost estimates,electronic data
files,databases and any other documents developed by Consultant in connection with its
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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 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply necessary tools and ins,trumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or 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. Consultant
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shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated by
City, in its sole discretion, by providing five (5) days prior written notice to Consultant
(delivered by certified mail, return receipt requested) of City's intent to terminate. 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 unperformed 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. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) 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 project related 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 Services completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 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. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
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8.8 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.
CITE' OF REDLANDS TOM DODSON AND ASSOCIATES
B �
By: a` sem- w By:
Tina Kundig, Finance Direct�- r-,'--'-1 . Tom Dodson, President
Attest:
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Bain Irwin,k"y berk
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EXHIBIT "A"
SCOPE OF SERVICES
A-1
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Tom DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE
SAN BERNARDINO,CA 92405
TEL(909) 882-3612 - FAX(909) 882-7015 -------J.
E-MAIL tdaCatdaenv.com
MEMORANDUM
June 5, 2012
From: Tom Dodson
To: Robert Dalquest
Subj: Proposal to perform a peer review and provide support for a proposed single
family residence in the City of Redlands
Robert, I appreciate your notification that Tom Dodson &Associates (TDA) will be given
the opportunity to provide support to the City for the subject project. As previously
indicated, I reviewed the request for proposal (RFP) transmitted on May 29, 2012 to
perform a peer review of an Initial Study for demolition of an existing single family
residence and replacement by another single family residence. Given the circumstances
outlined in the e-mail and our discussion today, it is my opinion that the key task in this
peer review is to ensure that adequate substantiation is included in the Initial Study to
preclude a challenge based on "fair argument." To do this I would propose the
following work effort. The anticipated number of hours allocated to each task are
identified in the following summary.
1 Review the Staff-prepared Initial Study in detail and identify those issues where
additional substantiation may be required. Five hours
2. Provide suggestions for explicit enhancements in the substantiation for those
issues where additional substantiation is required. Two hours
3. Review all suggestions with Staff and reach a consensus on the required
additional substantiation and how to generate this information. Three hours
4. Assist Staff to generate the additional substantiating data. This is an open-ended
task for which I have allocated four hours. It could require a greater allocation
of effort, which would be mutually agreed upon with the City prior to increasing
the hours for this task.
5. At the conclusion of this process provide the City with a professional opinion
regarding the ability of the Initial Study to withstand the "fair argument"
challenge. Two hours.
6. If requested, provide support to the Staff to response to comments submitted on
the Initial Study. This is an open-ended task for which I have allocated four
hours. It could require a greater allocation of effort, which would be mutually
agreed upon with the City prior to increasing the hours for this task.
7. Attend Environmental Review Committee meeting(s) and any subsequent
meeting before City decision-makers. This is an open-ended task for which I
have allocated three hours. It could require a greater allocation of effort, which
would be mutually agreed upon with the City prior to increasing the hours for
this task.
My billing rate is $150 per hour. I suggest a not to exceed budget of $3,500, including
direct costs. Fees would be charged on a time and materials basis not to exceed this
amount, unless authorized. If this proposal is acceptable to the City, I can begin the
Initial Study review upon authorization. I look forward to working with the City to
successfully implement this environmental review. Should you have any questions,
please contact me.
Sincerely,
1 Ov"
Tom Dodson
EXHIBIT "B"
RATE SCHEDULE
B-1
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Tom DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE
SAN BERNARDINO, CA 92405
TEL (909) 882-3612 - FAX (909) 882-7015
E-MAIL tda@tdaenv.com
2012 FEE SCHEDULE
Tom Dodson &Associates
Labor: Time spent on behalf of a client will be charged as follows:
Environmental Specialist $150.00 / hour
Regulatory Specialist $105.00 /hour
Biologist I Ecologist $105.00 / hour
Environmental Specialist 11 $105.00 /hour
Environmental Specialist 111 $72.00 / hour
Biologist 11 $58.00 /hour
Biologist 111 $53.00 /hour
Admin/WP / Graphics $48.00 /hour
Legal Expert Witness $225.00 /hour
Other Direct Costs: All other direct costs (travel, supplies, printing, subcontracts, etc.) are
charged at actual cost plus a 10 percent management/handling charge. Mileage will be billed at
$0.65 per mile.
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM A
PEER REVIEW OF INITIAL STUDY FOR DEMOLITION AND REPLACEMENT OF
AN EXISTING SINGLE FAMILY RESIDENCE
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations,a certificate of consent to self-
insure,either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
I am aware of the provisions of Section 3 700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
Tom Dodson and Associates
By:_
Tom Dodson Date:
E-I
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