HomeMy WebLinkAboutContracts & Agreements_146-2003_CCv0001.pdf AGREEMENT TO FURNISH CONSULTANT SERVICES
This Agreement is made and entered into this 15th day of July,2003 by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Michael Brandman Associates,
hereinafter("Consultant").
In consideration of the mutual promises,covenants and conditions hereinafter set forth,City
and Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant and Consultant hereby accepts the engagement,to perform
professional consulting services ("Services") for baseline trapping, for the Federally-Listed
San Bernardino Kangaroo Rat at the proposed Redlands Sports Park conservation area, in
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the City of Redlands, California (the "Project").
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", letter dated July 8, 2003 which is attached hereto and incorporated herein
by this reference.
2.2 Consultant shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all applicable
Labor Code and prevailing wage laws.
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 Services.
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.
3.3 City designates John Jaquess, to act as its representative with respect to the Services to be
performed under this Agreement.
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ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a diligent manner for a period of time not to exceed
sixty(60)days from July 15, 2003.
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$25,800.00, in accordance with Exhibit "A."
5.2 Consultant shall bill City within ten days following the close of each month by submitting
an invoice indicating the portion of the Services performed, who performed the Services,
indirect costs, and the detailed cost of all Services including, backup documentation.
Payments by City to Consultant shall be made within 30 days after receipt and approval of
Consultant's invoice, by warrant payable to Consultant.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
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personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as
follows:
Ci!Y Consultant
Jeff Shaw, Director Michael Brandman Associates
Community Development Dept. Thomas J. McGill, Ph.D.
35 Cajon Street, Suite 20 Regional Manager
Redlands, CA 92373 15901 Red Hill Avenue, Suite 200
Tustin, CA 92780-7318
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
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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 paragraph.
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ARTICLE 6 -INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Consultant for the duration
of this Project and shall be primary with respect to City and non-contributing to any insurance or
self-insurance maintained by the City. Consultant shall not perform any Services pursuant to this
Agreement 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 work. All insurance policies shall include a provision prohibiting cancellation
of the policy except upon thirty (30) days prior written notice to City.
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6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against 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
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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 officers,agents and
employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain
in force throughout the duration of this Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of one million dollars ($1,000,400)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 benamed as an additional
insured.
6.4 Professional Liability Insurance. Consultant,shall secure and maintain professional
liability insurance throughout the duration of this Agreement in the amount of one million dollars
($1,000,000)per occurrence and two million dollars ($2,000,000) annual aggregate.
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6.5 Business Auto'Liability Insurance. Consultant shall have business auto liability
coverage,with minimum limits of I million($1;000,000)per occurrence,combined single limit for
bodily injury liability and property damage liability. This coverage shall *Include alconsultant
owned vehicles used on the project, 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
subletting or assigning any of the services covered by this Agreement without the express written
consent of City. In the event of mutual agreement between parties to sublet a portion of the Services,
the Consultant will add the subcontractor as an additional insured and provide City with the
insurance endorsements prior to any work being performed by the subcontractor. Assignment does
not include printing or other customary reimbursable expenses that may be provided in this
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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 orproperty,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 under this Agreement; 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
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entitled to the recovery of its reasonable attorneys' fees.
7.2 Consultant shall not assign any of the Services required by this Agreement, except with the
prior written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
7.3 Consultant's key personnel for the Project is Randy Nichols. Consultant agrees that Mr.
Nichols shall be made available and assigned to the Project and that she shall not be replaced
without concurrence from City.
7.4 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 said above described 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.
7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the consulting services 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 on behalf of City.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.7 This Agreement may be terminated by the City, without cause, by providing five (5) days
prior written notice to the Consultant (delivered by certified mail,return receipt requested)
of intent to terminate.
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7.8 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
7.9 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 maybe adjusted to the extent
of any additional costs to City occasioned by any default by Consultant.
7.10 Upon receipt of a termination notice,Consultant shall (1)promptly discontinue all services
affected, and(2) 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 required by this Agreement.
7.11 Consultant shall maintain books and accounts of all Project related payroll costs and all
expenses. Such books shall be available at all reasonable times for examination by the City
at the office of Consultant.
7.12 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, proposals or oral arguments are superseded by this Agreement.
Any amendment to this Agreement shall be in writing, approved by the City Council of City
and signed by City and Consultant.
7.13 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
INIVVITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
City of Redlands MICHAEL BRANDMAN ASSOCIATES
By:, By.
KARL N-HAWSL-- ----4�hornas J. Me i-11 Ph.D.
Mayor Regional ll eager
Attest:
Cit) lerk. City o hands
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Jul 08 03 01 : 49p MBA 909 884 2113 p. 4
EXHIBIT "Ay"
July 8, 2003
John Jaquess,City Planner
City of Redlands
P.O. Box 3005
Redlands,CA 92373
Via Email and Overnight Delivery
Subject: Proposal for Baseline Trapping for the Federally-Listed San Bernardino Kangaroo Rat
Qhpodomys merriami purvus) it the Proposed Redlands Sports Park Conservation Area,
Located in the City of Redlands, San Bernardino County,CA,
Dear Mr.Jaquess,
As par(.of the recent Suction 7 consultation with the U.S, Fish & Wildlife, Service (Service), the Service
indicawd the need to further zisscss lands prc)po%Qd for conservation ;L,:, part of the Redlands Sports, Park
Master Plan and Conservation Program. Specifically,the Service is requiring the following:
• Rasclinc trapping in the proposed conservation area to determine the density of uxisting
San Bernardino kangaroo T-at(SBKR).
• Vegetation transects to dutcrinlric the percent cover of vegetation within the proposed conservation
area.
In accordance with their request, we are providing our methodology for conducting both these task.,i,
which follows. We want to ensure that these efforts =, sufficient to meet the Services' needs in
rendering a biological opinion on the project and have sent this proposal to them for their review and
approval. A tentative approval has been verbally provided. Final written approval is pending.
INTRODUCTION
The proposed Sport-, Park project is comprised of three elcrncnt.: the
development of a municipal sports park,area flood control improvements,
and a conservation area to set aside high quality SBKR habitat, The
I - River,
conservation area is located along the south side of the Santa Ana i
north of the Redlands Municipal Airport in the northern portion or the
City of Redlands, in the East Valley region of western San Bernardino
CoLultV, The proposed prqicct includes the establishment and management
Of, a conservation area for the federally-listed undangcrcd SBKR, Thi,;
conservation area will be established to compensate for impacts to SBKR occupied
Jul 08 03 01 :49p MBA 909 884 2113 P. 5
Mr, Jaquess
July 8, 2003
Page;2
habitat within the sports park master plan, SBKR is present on portions of the project site related to all
three elements,of the project.
Baseline trapping and vegetation surveys will be conducted throughout an expanded conservation arca,
Thu survey will provide baseline information on SBKR population estimates,and assess quality of habitat
and vegetation. Nised on the findings of the baseline,surveys, management of the habitat will target long-
term sustainability and increased SBKR densities, Long-term monitoring will be conducted to evaluate
the succes.,oft to management techniques, and make rccornmendat ions to further manage the species,
METHODOLOGY
Baseline Trapping
111c following baseline trapping methodology is designed to estimite the population of SBKR, Trapping
will occur in the identified natural core and rct-LIRia habitat of the proposed conservation area,
Mark and recapture trapping will be conducted in three areas within the proposed conservation area: 1) 111
the protected core habitat, 2) in the natural core habitat,and 3) within the rufugla habitat. Approximately
10 trap grids, containing 100 traps each (a 10 X l0 grid) will be used. (Inc grid will be located in the
protected core,one in the natural core,and the remaining eight grids will be placed throughout the I-Qfugla
habitat in area.-, containing appropriate habitat and/or soils In the approximate locations shown in
Exhibit I All grids will be placed at least 50 yards from the edge of the core to reduce any edge elYcets
that inight occur.
All trapping efforts will be conducted consistent with prcscrice/abscrice survey protocol established for
Stephen's kangaroo rat by the U,S. Fish arid Wildllib Service with respect to all practical protocols,
including trapping hours, temperature and other protocols that provide protections to the species.
Howcvvr, as the purpose of the survey Is to dctcrinlre, species densitics, certain aspects of the protocol
will not.apply,such as the number of trapping nights.
Trapping will occur for 6 consecutive nights rather than 5 nights to better estimate the population
densities of SBKR. Trapping will occur during relatively mild weather conditions,and preferably during
the new phase of the moon. The trips will be checked near midnight and again the following morning.
During the trapping efforts, all species will be identified and recorded to the species level. Additional
information will also be recorded for trapped SBKR such as the approximate age, sL--,, reproductive
condition, weight,capture location within the grid,and the number of SBKR per arid, The SBKR will be
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marked uniquely for use with Program MARK, This will allow the data itself to suggest the most
eflbctive population estimate model tor determining density. A marking method will be used, -if
that is non-invasive and harmless to animals caught and released.
The locations of all trapping grids will be ground-truthiud. Minor adjusi,mcnts will be made based on
topography, soils, etc. All trapping grid locations will be permanently marked by stakes so that surveys
can be conducted in the same location every year. Additionally, 6P.S locations of all grids will be
captured. Over time assessed SBKR densities can be used to determine fluctuations within the population
and will assist in rc-diruction of future management cfforts.
jul 08 03 01 : 49p MBA 909 884 2113 P. 6
Mr.Julucss
July 9,2003
Oagc 3
Costs for Trapping 51-5,300.00
Vegetation Transects
Vegetation transcm will be conducted to determine the Percent cover within the core and refugia habitats,
Belt transects 40 meters long and two meters wide will be located throughout the core and rcfugia habitats
and will intersect the trapping grid locations. Percent cover of vegetation will be determined at-ground
level as well as at canopy height.
The locations of all veguuttion transects will be ground-trutlied. Minor adjustments will be made based
On topography, soils, ctc. All vegetation transits will be permanently marked by stzakcs so that Surveys
can be conducted in the same location every year. Additionally, GPS locations of all transects will be
captured.
Costs for Vegetation Transect $ 2,500.00
Costs for preparing Trap Ping/Vegetation Transect Report $ 5,000.00
Costs for GIS analysis and for preparing CIS Maps S 31000.00
Total Costs $25,800.00
Although revisions to this scope of work and cost proposal are not anticipated at this time, until final
written approval is received frons the Service, modification,-
., could be required, If the need for revisions
docs arise, MBA will notify the City of Redlands immediately,
PlviLse feel to contact me or Christine Jacobs-Donoghue at 909,984,2255, if you have any questions or
feedback on the proposed methodology.
Sincerely,
IMIC'HAEL 13RANDMAN-AJS01WlATES
Y
Tppi�bom'Ms J. McGi`1L 11h.b.
Regional Manager
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ce: Ron Mutter,City of Redlands, Public Works Director
Hill Hensley, City of Redlands, Public Works Project Engineer
R.uidy Nichols,AlCP, MBA Project Manager