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HomeMy WebLinkAboutContracts & Agreements_203-2003_CCv0001.pdf AGREEMENT TO FURNISH ENVIRONMENTAL REVIEW SERVICES FOR THE ACQUISITION OF LAND ADJACENT TO THE CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 21 st day of October 2003,by and between the City of Redlands,a municipal corporation(hereinafter"City")and Tom Dodson and Associates.,hereinafter ("Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perforin professional consulting services ("Services") for environmental review pertaining to the acquisition of land adjacent to the City's California Street Landfill ("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 high quality Services for the Project at the level of competency presently maintained by other practicing professional engineers 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," 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 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 or right-of-way as required by Consultant to perform the Services. 3.3 City designates Gary Van Dorst,Project Manager,to act as its representative with respect to the Services to be performed under this Agreement. 1 ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Attachment"B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NOTICE 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$30,400. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Costs" based on the hourly rates shown in Attachment "D", entitled "Fee Schedule". 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating 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 personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows: City Consultant Gary Van Dorst Bill Gatlin, Vice President Solid Waste Division Tom Dodson and Associates 35 Cajon Street 2150 N. Arrowhead Avenue P. O. Box 3005 San Bernardino, CA 9240') Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices,bill 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. 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 provided City with Certificates of Insurance and 2 endorsements evidencing such insurance prior to commencement of work. All insurance policies shall include a provision prohibiting, cancellation of the policy except upon thirty In (30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Worker Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to the City. 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 officers,agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the 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. Consultant shall obtain an endorsement that City shall be named 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 made. 6.5 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. Consultant shall obtain an endorsement that the 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 3 Services,the Consultant will add the subcontractor as an additional insured and provide the 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 Agreement. 6.7 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 actions, claims,demands,lawsuits,losses and liability for damages to persons or property,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 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 are: Project Manager: Bill Gatlin Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other documents developed by the 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. 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. 4 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 ten (10) days prior written notice to the Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant shall(1)promptly discontinue all services, and(2)deliver or otherwise make available to City,copies 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. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.9 This Agreement,including the attachments incorporated herein by reference,represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this written Agreement. Any amendment to this Agreement,to be effective,shall be in writing and approved by the City Council of City and signed by City and Consultant. 7.10 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. City of Redlands Tom Dodson and Associates ("City") ("Consultant") A 7 �1A By: Bv: KARL N. HAWS ILL GATLIN Mayor Vice President ATTEST: GATI av�ye r Beatrice Sanchez, Deputy City 5 AGREEMENT TO FURNISH ENVIRONMENTAL REVIEW SERVICES FOR THE ACQUISITION OF LAND ADJACENT TO THE CALIFORNIA STREET LANDFILL ATTACHMENT A SCOPE OF SERVICES Scope of Services The City of Redlands is proposing to acquire a±I I-acre parcel to provide secondary access to its Recycled Water Plan(RWP)and to construct a City storage yard and develop support facilities for the WRIF and the California Street Landfill (CSL). The City's decision to acquire and develop the property is discretionary and considered a project under the California Environmental Quality Act (CEQA). Therefore the City must consider the potential adverse environmental impacts to the environment from implementing this project. The scope of services is based on a Mitigated Negative Declaration as the appropriate CEQA determination for the project. The proposed site is an existing citrus growing operation that is located within or near designated critical habitat for San Bernardino kangaroo rat (SBKR). Due to concern over potential soil and other contamination and SBKR occurring onsite, a Phase I site assessment and protocol SBKR trapping program will be implemented. The Phase I study and SBKR trapping program will be implemented prior to a final decision being made on acquisition of the property and CEQA compliance completed. The project site is also located outside the corporate limits of the City of Redlands. Therefore, it is anticipated that the County of San Bernardino will have jurisdiction over land use entitlements for the project. The CEQA document will be prepared in a manner that it can be used by other agencies as their CEQA compliance document. This proposal assumes that the City of Redlands will act as CEQA lead agency for the project. If another agency assumes lead agency status, a revised scope of services may be required. The scope of services described below is based on the above project description: Task I - Phase I Environmental Site Assessment and Limited Site Characterization with Report Phase I Environmental Site Assessment The Phase I Environmental Site Assessment(ESA)will be conducted in general conformance with ASTM 1527-00, the Standard Practice for Environmental Site Assessments. This will include current and past site uses and adjacent properties and environmental records review. Additionally, a Limited Site Characterization(LSC)which addresses past chemical use at the site will be provided. Limited Site Characterization Based on the past agricultural use of the property, sampling for pesticides will be conducted randomly. Prior to any samples being taken. a review of the past site information obtained during an aerial photograph review for the Phase I ESA will be performed to determine the most likely areas 1 pesticides would or would not have been used at the site. The most common type of testing for agricultural sites is for organochlorine pesticides such as DDT, which are persistent in the environment. Initially three random samples will be collected and tested for organochlorine In pesticides. Additional samples and analysis will be performed for diesel and total hydrocarbons. Based on these results, a determination on whether evidence of widespread use of these chemicals is present. If so, then further testing or risk assessment may be necessary for the portion of the site which contains high levels of pesticides,diesel or total hydrocarbons. If needed,additional testing and risk assessment will be provided under separate contract. Report The results of all of the above areas of inquiry will be presented in a comprehensive report with all appropriate pictures, appendices, and figures. Task 11 - SBKR Protocol Trapping Program and Report Field Review The project area will be inspected on foot to identify potential areas of occupation by the San Bernardino kangaroo rat (SBKR). As part of the survey, a search for signs of SBKR will be performed, including scat,tracks,burrows and dust bath areas. Potentially occupied habitat should be mapped on 1" =200' scale topographic maps. The scale required to meet the needs of the project will be determined prior to the fieldwork. SBKR Trapping Studies Trapping studies for the SBKR will be conducted according to the protocols required by the U.S. Fish and Wildlife Service(USFWS). These protocols require five nights of trapping(or until SBKR are encountered)conducted when the animal is active aboveground at night preferably during a new moon phase. Nighttime temperatures must be above 50°F. Trapping will not be conducted when rain and/or fog is expected or occurring. A map will be prepared showing the location and distribution of any SBKRs that are trapped on the site. Report Preparation A report of the findings per USFWS protocols for the SBKR,including the research findings,habitat assessment and trapping results will be provided. Graphics will be included in the report showing the extent of occupied habitat for the SBKR and the location of SBKR trapped, if SBKR are encountered. The report will be submitted for review and comment by the City. Upon receipt of comments, the appropriate revisions will be made to the report and a final document produced. 2 Client Responsibilities Prior to initiation of work, the following will be required from the City to complete this project: • Keys, entry permits or any other materials required for entry onto the property; • An aerial photograph of the project site at a suitable scale; and • A base topographic map of the site, preferably at the same scale as the aerial photograph. Task III - CEQA Compliance Support for Tasks I and II TDA will assist with the performance of the scope of work identified in Tasks I and II including coordination of the work effort,supplying of data,review the reports prepared,and coordination with other responsible agencies. Prepare Project Description Working with City staff and its consultants,TDA will prepare a project description for the proposed project. At least two meetings will be coordinated to obtain data on the project and a site reconnais- sance. Thereafter, TDA will finalize the project description and submit a draft for City review. Prepare Technical Assessments Using technical data supplied by the City and the above technical studies(Tasks I and II),TDA will prepare the Initial Study using the City's standard CEQA checklist format. Substantiation for all conclusions reached will be provided in the document. Mitigation measures will be provided where necessary to reduce potential project-related impacts to the greatest extent feasible. TDA will provide the City with a screencheck draft of the completed Initial Study for review and comment. Agreed upon revisions to the Initial Study will be made and the document will be circulated for public review and comment. Usually the City Planning Department, handles circulation of the Initial Study and filing the necessary notices. Due to its present workload, the Planning Department may require assistance. This proposal includes TDA assisting with the public noticing requirements of CEQA. Based on the nature of this project, the Initial Study will be circulated to the State Clearinghouse for a 30-day review and comment period. Process the Negative Declaration and Issue the Notice of Determination Unless some issue(s) which is/are not known at this time arises. a Mitigated Negative Declaration will be the appropriate environmental determination for the project. TDA will assist the City with preparation of responses to any comments received during the public review period. TDA will also 3 assist the City with preparation and processing ofthe Mitigation Monitoring and Reporting Program, 4:� Negative Declaration, and the Notice of Determination,if a Negative Declaration is adopted for the project. 4 AGREEMENT TO FURNISH ENVIRONMENTAL REVIEW SERVICES FOR THE ACQUISITION OF LAND ADJACENT TO THE CALIFORNIA STREET LANDFILL ATTACHMENT B PROJECT SCHEDULE Project Schedule 1. A report of the findings of Task I will be provided to the City within 4 weeks of authorization to proceed. 2. A report of the findings of Task II will be provided to the City within 5 weeks of authorization to proceed. This is due to USFWS trapping notification and approval requirements that must be received prior to the start of trapping. 3. A draft Initial Study will be provided to the City within 5 weeks of authorization to proceed. AGREEMENT TO FURNISH ENVIRONMENTAL REVIEW SERVICES FOR ACQUISITION OF LAND ADJACENT TO THE CALIFORNIA STREET LANDFILL ATTACHMENT C PROJECT COSTS Project Costs TDA will provide the services identified in Attachments A and B for the following fees; Task 1 $3,800. Task 11 $6,600' Task 111 $20,000' Total $30,400 This is an estimated fee which will be billed based on time and materials. SBKR trapping protocol requires five nights of trapping or until SBKR are encountered. The estimated fee of$6,600 reflects a full trapping protocol plus report. Should SBKR be encountered prior to completing the protocol trapping program, work will cease and a report prepared. This will result in a fee which is less than the maximum estimated. 2 Due to the uncertainties of the extent of work to assist in performance of Tasks I and 11 and to complete Task 111, TDA proposes to provide these services on a time and expense basis at the rates shown in Attachment D. TDA proposes a maximum estimated budget for Task III that is anticipated to cover the greatest amount of work effort, however, TDA will invoice on a time and expense basis for actual work performed. AGREEMENT TO FURNISH ENVIRONMENTAL REVIEW SERVICES FOR ACQUISITION OF LAND ADJACENT TO THE CALIFORNIA STREET LANDFILL ATTACHMENT D FEESCHEDULE Fee Schedule TDA will invoice the work completed on a time and expense basis at the following rates: Environmental Specialist $140.00 /hour Regulatory Specialist $100.00 /hour Environmental Specialist II $85.00 /hour Ecologist/Biologist I $85.00 /hour Environmental Specialist III $68.00 /hour Biologist II $53.00 /hour Biologist III $48.00 /hour Admin/WP / Graphics $43.00 /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.