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HomeMy WebLinkAboutContracts & Agreements_223-2019PS 1 1 (1 24 19) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the preparation of Watershed Sanitary Survey Reports ("Agreement") is made and entered in this 19th day of November, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Palencia Consulting Engineers ("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 1— ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to prepare Watershed Sanitary Survey Reports for City (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, State 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 Chris Boatman, Interim Municipal Utilities and Engineering Department Director, 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 and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," which is attached hereto and incorporated herein by reference 1 L lcaldjmlAgreements\Palencia Consulting Agreement.PS 1 1 doc.,ln PS 1 1 (1 24 19) 4 2 Consultant shall complete the Services by April 30, 2020, unless the Services are terminated earlier as provided for herein 43 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 Total compensation for Consultant's performance of the Services shall be in the amount of sixty six thousand three hundred twenty dollars ($66,320) City shall pay Consultant in accordance with Exhibit "C," entitled "Fee Schedule," attached hereto and incorporated herein by reference 5 2 Consultant shall submit monthly invoices to City describing the Services 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 Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 Consultant Leslie S Palencia, P E Principal Palencia Consulting Engineers 2837 Lemonwood Court, Fullerton, Ca 92835 leslie@palenciaconsult coin (714) 293-7033 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be matntained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the 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 2 L Ica\djm\Agreements\Palencia Consulting Agreement.PS 1 1 doc.in PS 1 1 (1 24 19) shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit 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 such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6 2 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 any negligent act or omission by, or the willful misconduct of, Consultant, or 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 furthei covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement L lcaldimlAgreemcnts\Palencia Consulting Agreement.PS 1 1 doc.in 3 Ps 1 1 (1 24 19) 7 2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant 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) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant 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 m 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 determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by 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 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 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 Any assignment of attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City not its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply alI necessary tools and instrumentalities 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 4 L Ica\djm\Agreements\Palencia Consulting Agreement.PS 1 1 docp PS 1 1 (I 24 19) 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 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant 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 5 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 6 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, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remaindei of this Agreement and shall not affect, impair or invalidate 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 5 L 1caldimlAgreemen€s\Palencta Consulting Agreement PS 1 1 doe jn PS 1 1 (1.24 19) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS B Attest Foster, Mayor Donaldson, City Clerk L Icaldjm\Agreements\Palencia Consulting Agreement,PS 1 1 doc.jn PALENCIA CONSULTING ENGINEERS By . L& 5, Leslie S Palencia, P E Principal PS 1 1 (1 24 19) EXHIBIT "A" SCOPE OF SERVICES The watershed sanitary surveys shall include all applicable legal requirements specified in the California Code of Regulations, Article 7, Watershed Sanitary Surveys The survey and report shall include physical and hydrogeological description of the watershed, a summary of source water quality monitoring data, a description of any significant changes that have occurred since the last survey which could affect the quality of the source water, a description of watershed control and management practices, and evaluation of the system's ability to meet requirements of the chapter on the Surface Water Treatment Rule Task 1 Information Collection Collect information and develop/input information into usable format The Mill Creek Watershed Sanitary Survey will cover from January 2011 to December 2018, and the Santa Ana River Watershed Sanitary Survey will cover from January 2013 to December 2018 lA Utility Information Develop an Agency Survey form to obtain water quality data from City of Redlands The objectives are to collect data from the period of interest as efficiently as possible by utilizing a survey form and data request package for both the Tate WTP (Mill Creek) and Hinckley WTP (Santa Ana River) The survey form will collect various types of information including turbidity (source and treated), total coliforms and E coir (source only), Long Term 2 Enhanced Surface Water Treatment Rule monitoring, total organic carbon (source and treated), total trihalomethanes, total haloacetic acids, UCMR3 and UCMR4 monitoring The survey will also request information on actions taken by the City of Redlands (City) to address recommendations outlined in the previous report, as well as Consumer Confidence Reports, description of water supply system and changes, and identification of any treatability issues 1B Ambient Water Quality Data Collect selected data for constituents of Interest from the existing ambient monitoring programs located in the study area, if available Limited monitoring data may be available from the Regional Water Quality Control Board's Surface Water Ambient Monitoring Program, and the California Environmental Data Exchange Network (CEDEN) Other monitoring programs will be incorporated if data is available. 1C Contaminant Sources Information Collect information on changes in watershed conditions and changes in regulation and management for selected potential contaminant sources Various agencies within the watershed will be contacted to obtain information, search their websites for new programs, download maps, and query databases for various information such as water quality, spills, chemical usage, inspection reports, and permits 7 L 1caldmlAgreements\Palencia Consulting Agreement.PS 1 1 doc�n j PS -1 1 (1 24 19) Mill Creek contaminant sources to be investigated will include Wastewater, Recreation, Urban Runoff, Leaking Underground Storage Tanks, Floods/Erosion, Spills, Fires, and Invasive Plants Santa Ana River contaminant sources to be investigated will include Wastewater, Recreation, Urban Runoff, Leaking Underground Storage Tanks, Seven Oaks Dam, Spills, Fires, Landfills, and Management of Big Bear Lake Additional information will be provided on the Total Maximum Daily Loads for Big Bear Lake Watershed Task 2 Information Analysis - Contaminant Sources 2A Water Quality/Treatment Review A statistical evaluation will be completed for all water quality constituents listed in Task 1A Additionally, temporal (historical and seasonal) and geographic trends will be presented for the water quality data If data supports, findings could include relationships between source water quality and contaminant sources, and relationship of source water quality to treatability issues A regulatory compliance evaluation will be conducted for each plant and will include verification of compliance for • Primary and secondary drinking water standards, as presented m the Consumer Confidence Reports • Effluent turbidity requirements for the Interim Enhanced Surface Water Treatment Rule or LT1 ESWTR • Review of Long Term 2 Enhanced Surface Water Treatment Rule data • Total organic carbon removal for Stage 1 Disinfectants/Disinfection Byproduct (D/DBP) Rule • Locational running annual averages for trihalomethanes and haloacetic acids for Stage 2 D/DBP Rule • Determine required level of treatment for Gzardia, viruses, and Cryptosporidium under the Surface Water Treatment Rule Task 3 Development of Updated Watershed Map The consultant team recommends a watershed map, a land ownership map and a land use map for each report For cost saving purposes, the team assumes that the maps can be created in- house by City staff, with assistance from consultant team The consultant team will provide direction to City staff on what information each map should include and map formatting We assume that the City will locate the GIS layers needed to create the maps and will produce the maps. Task 4 Evaluation and Recommendations 4A Evaluation Identify overall findings as they relate to the following topics $ L IcaldimlAgreements\Palencia Consulting Agreement.PS 1 1 docjn PS 11(124 i9) Water quality data trends Relationships between contaminant sources and water quality Treatability issues Regulatory compliance Significant watershed changes Current utility source water protection efforts related to previous recommendations 4B Source Water Protection Recommendations After Tasks 1 and 2 are completed, recommendations will be developed which are practical and implementable within the resources of the City These recommendations will be considered by the City to be completed over the next five years until the next watershed sanitary survey is due This task will also entail reporting on the status of previous recommendations The Mill Creek Third Update (2011 Report) contains a majority of the same recommendations as the Second Update (2006 Report) and the August 2015 Santa Ana River report did not have any recommendations, so this will mean addressing the status of recommendations from the 2006 Reports. Task 5 Report 5A Annotated Outline An annotated outline will be provided for each report and submitted to DDW for approval 5B Draft Report Develop a draft report for Mill Creek and Santa Ana River that reflects consultant work described herein as well as City of Redlands staff input It is preferred to submit an electronic copy for review of each draft report 5C Final Report Develop a final report for Mill Creek and Santa Ana River that reflects review comments on draft report One electronic copy in both MS Word and pdf version will be provided to City of Redlands Two hard copies will be printed for City of Redlands' submittal to the DDW Task 6 Project Management 6A Project Management Manage quality of the work, control budget and schedule, prepare for and lead meetings include agenda development, prepare meeting summaries and action items, and insure good communication with the client project manager 6B Technical Committee Meetings 9 L 1caldimlAgrecmcnts\Palencia Consulting Agreement.PS 1 1 doc in PS 1 1 (1 24 19) Conduct three meetings to discuss the work in progress at key points and solicit input Starr Consulting will participate via teleconference only - Kickoff Meeting for both reports (In person meeting) - Presentation and discussion of Information review for Mill Creek (In person meeting) -Presentation and discussion of information review for Santa Ana River (In person meeting) - Presentation of evaluation and source water protection recommendations for both reports (Teleconference only) 6C Meeting with DDW A presentation will be given to DDW on both the Mill Creek and Santa Ana River reports. 7 Contingency Additional tasks to be determined by the City of Redlands if needed 10 L IcaldjmlAgreements\Palencta Consulting Agreement.PS 1 1 doc,in EXHIBIT "B" PROJECT SCHEDULE Task 1A Utility Information 1B Ambient Water Quality Data 1C Contaminant Sources information 2A Water Quality Treatment/Review 3 Assistance with Mapping Oct Nov Dec Jan Feb 1111111111111111111 PS 1 1 (1 24 19) Mar Mr May 4A Evaluation MIN 4B Source Water Protection Recommendations 5A Annotated Outline • 5B Draft Report 5C Final Report 6A Project Management 113 6B Technical Committee Meetings M1 M2 M3 6C Meeting with DDW M4 M1- Kickoff Meeting Last Week of Nov 2019/First Week of Dec (combined) M2 - Information and Data Analysis Meeting mid -Feb (Santa Ana) /late Feb(Miil Creek) M3 - Key Findings and Recommendations (combined) First/Second week of March 2020 Draft Report April 1-15 2020 Final Report two weeks after receiving comments from City M4 - Meeting with DDW (TBD) Legend City of Redlands Consultant Work 1 1 L IcaldjmlAgreemen€s\Paiencia Consulting Agreement.PS-1 1 doc _in PS 1 1 (1 24 19) EXHIBIT "C" FEE SCHEDULE SANTA ANA RIVER WATERSHED SANITARY SURVEY I L 1caldjmlAgreements\Palencia Consulting Agreement.PS 1 1 doc.jn Palencia Consulting Engineers SCs Consulting er Or ther TOTAL Task 1 Information Collection 1A Utility Information 2 2 $ 640 1B Ambient Water Quality Data 10 $ 1,600 1C Contaminant Sources Information 50 $ 8,000 Task 2 Information Analysis $ 2A Water Quality/Treatment Review 2 36 $ 6,080 Task 3 Development of Updated Watershed Map $ - Assistance with developing new maps 3 $ 480 Task 4 Evaluation and Recommendations $ - 4A Evaluation 4 4 $ 1,280 4B Source Water Protection Recommendations 4 4 $ 1,280 Task 5 Report $ - 5A Annotated Outline 2 $ 320 5B Draft Report 30 20 $ 8,000 5C Final Report 8 6 $ 200 $ 2,440 Task 6 Project Management $ - 6A Project Management 8 4 $ 1,920 6B Technical Committee Meetings (3 meetings) 4 4 $ - $ 1,280 6C Meeting with DDW 1 1 $ 320 Task 7 Contingency 1 1 $ 320 TOTAL HOURS 119 92 HOURLY RATE $160 $ 160 TOTAL $ 19,040 $ 14,720 $ 200 $ 33,960 I L 1caldjmlAgreements\Palencia Consulting Agreement.PS 1 1 doc.jn PS 1 1 (1 24 19) MILL CREEK WATERSHED SANITARY SURVEY TOTAL SUM FOR BOTH REPORTS 13 L lcald,{mlAgreements\Palenma Consulting Agreement.PS 1 1 doc.an $ 66,320 00 Palencia Consulting Engineers StCs Consul ng Orr ther TOTAL Task 1 Information Collection lA Utility Information 2 2 $ 640 1B Ambient Water Quality Data 10 $ 1,600 1C Contaminant Sources Information 40 $ 6,400 Task 2 Information Analysis $ 2A Water Quality/Treatment Review 2 36 -. __. $ 6,080 Task 3 Development of Updated Watershed Map $ - $ 480Y Assistance with developing new maps 3 Task 4 Evaluation and Recommendations $ 4A Evaluation 4 4 $ 1,280 4B Source Water Protection Recommendations 4 4 $ 1 280 Task'5 Report $ _ 5A Annotated Outline 2 $ 320 5B Draft Report 30 20 $ 8,000 5C Final Report 8 6 $ 200 $ 2,440 Task 6 Project Management $ _ 6A Project Management 8 4 $ 1,920 6B Technical Committee Meetings (3 meetings) 4 4 $ - $ 1,280 6C Meeting with DDW 1 1 1 $ 320 Task 7 Contingency 1 109 1 �■ $ 160 $ 320 TOTAL HOURS HOURLY RATE $160 TOTAL $ 17,440 $14,720 $ 200 $ 32,360 TOTAL SUM FOR BOTH REPORTS 13 L lcald,{mlAgreements\Palenma Consulting Agreement.PS 1 1 doc.an $ 66,320 00 PS 1 1 (1 24 19) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION 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 by one or more insurers 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 CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation 01 to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) V I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Palencia Consulting Engineers Date By Wit 5e Leslie S Palencia, P E Principal 4....:......, L Icaldjm\AgreementsWPalenc€a Consulting Agreement.PS 1 1 doc,jn 14 ro/aarl rq