HomeMy WebLinkAboutContracts & Agreements_173-2001_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR ENVIRONMENTAL SERVICES
FOR THE DESIGN OF BRIDGES ON THE SANTA ANA RIVER
AT ORANGE STREET AND AT ALABAMA STREET
This Agreement is made and entered into this 18th day of December 2001, by and between
the City of Redlands. a municipal corporation ("City") and Torn Dodson and Associates
("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 services which are required for
all Environmental Services for the design of bridges on the Santa Ana River at Orange Street
and at Alabama Street(the "Project").
1.2 All work performed by Consultant under this Agreement shall be done in a professional
manner, and Consultant represents that it is spilled and has the professional expertise
necessary to provide high quality Services to City.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall place at the disposal of Consultant all available information in its possession
pertinent to the Project.
2.2 City will provide access to and make all provisions for Consultant to enter upon property
as required by Consultant to perform..the Services under this Agreement..
2.3 City will designate in writing a person to act as City's representative with respect to the
Engineering Services to be performed ender this Agreement, and such person shall have
complete authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to materials,equipment,elements,and systems pertinent
to the Engineering Services covered by this Agreement.
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ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT
11 Consultant shall perform the Environmental Services promptly and shall prosecute them
diligently in accordance with the requirements of the various Federal, State and local
agencies involved with this project.
ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 For the performance of the Services, City will pay Consultant all reasonable costs based on
time and materials expended for the Services pursuant to the Consultant's established rate
schedule shown in Exhibit"A."
42 Payments by City to Consultant shall be made within 30 days after receipt and approval of
consultant's invoice, by warrant payable to Consultant.
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 should be addressed as
follows:
City Ronald C. Mutter, Public Works Director
City of Redlands
Public Works Department
P.O. Box ')005
Redlands, CA 9237')
Consultant Bill Gatlin, Vice President
Tom Dodson and Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail; in all other instances,notices,bills 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.
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ARTICLE 5 - INSURANCE _ANTD INDEMNIFICATION
51 Worker's Compensation and Employer's Liability.
A. Consultant shall have Worker's Compensation and Employees Liability insurance in
force throughout the duration of the contract in an amount which meets the statutory
requirement with an insurance carrier acceptable to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by the City.
City shall be named as an additional insured and the insurance policy shall include a
provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to City. Certificates of Insurance shall be delivered to City within fifteen
(15) days of execution of the agreement.
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 officer, agents and employees.
5.2 Hold Harmless and Indemnification. Consultant shall indemnify,hold harmless and defend
City and its elected officials, agents, and employees from and against any and all claims,
losses or liability,including attorney's fees,arising from injury or death to persons or damage
to property occasioned by any act, omission or failure of Consultant, its officer, agents and
employees in performing the Engineering Services required by this Agreement.
5.3 Assignment. Consultant is expressly prohibited from subletting or assigning any of the
services covered by this Agreement without the express written consent of City. Assignment
does not include printing or other customary reimbursable expenses that may be provided in
this Agreement.
5.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the contract 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 cancellation ofsaid policy except upon
thirty (3)0) days prior written notice to the City. Such insurance shall be primary and non-
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contributing to any insurance or self-insurance maintained by City. Certificates of insurance
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shall be delivered to Cit,, within fifteen(15)days of execution of this Agreement.
5.5 Professional Liability Insurance. Consultant shall have professional liability insurance in the
amount of one million dollars ($1,000,000) per claims made and two million dollars
($2,000,000) aggregate throughout the term of this Agreement.
5.6 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.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 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
4:1
entitled to recover its reasonable attorneys' fees.
6.2 Consultant shall not sublet or assign any of the Services to be performed under this
Agreement,except with the prior written approval of the City and in strict compliance with
the terms, provisions, and conditions of this Agreement.
6.3 The Consultant's key personnel proposed for this project are as follows:
Bill Gatlin
Lisa Kegarice
Consultant agrees that these key people will be made available and assigned to City's Project,
and that they will not be replaced without concurrence from the City.
6.4 All documents,records,reports,drawings,maps,and other Project documents developed by
Consultant pursuant to this Agreement shall become the property of City and shall be
delivered to City at City's request. Any reuse of such documents for other projects and any
use of incomplete documents will be at City's sole risk.
6.5 Consultant and City agree that Consultant is, for all purposes under this Agreement, an
independent contractor with respect to the services provided pursuant to this Agreement and
not an employee of City. All qualified personnel provided by Consultant pursuant to the
provisions of this Agreement are to be employed by Consultant for its account only, and in
no event shall Consultant or any personnel retained by him be deemed to have been
employed by City or engaged by City for the account of or on behalf of City. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between
the parties.
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Exhibit "A"
Fee Schedule
Tom Dodson & Associates will invoice the work completed on a time and expense basis at the
following rates:
Environmental Specialist $125.00 /hour
Regulatory Specialist $95.00/hour
Env. Specialist 11 $80.00/hour
Ecologist I Biologist 1 $80.00/ hour
Biologist 11 $50.00 / hour
Biologist 111 $45.00/ hour
Admin/WP/ Graphics $40.00/ 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$0.40 per mile.
6.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Environmental Services.
6.7 Upon receipt of a termination notice, Consultant shall(1)promptly discontinue all services
and (2) deliver or otherwise make available to City, copies of data, design calculations,
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Consultant in performing this Agreement.
6.8 This Agreement,including the attachments incorporated herein by reference,represents the
entire agreement and understanding between the parties and any negotiations,proposals or
oral agreements are intended to be integrated herein and to be superseded by this written
Agreement. Any supplement or amendment to this Agreement to be effective shall be in
writing and signed by City and Consultant.
6.9 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 parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By
Mayor bty,,elerk
Date 12/18/01
TOM DODSON AND ASSOCIATES
By
Date
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