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HomeMy WebLinkAboutContracts & Agreements_46-2000AGREEMENT TO FURNISH ENVIRONMENTAL CONSULTING SERVICES FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION This Agreement is made and entered into this 2nd day of May, 2000, by and between the City of Redlands, a municipal corporation (hereinafter "City") and Tom Dodson & Associates, hereinafter ("Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: 1.1 ARTICLE 1 - ENGAGEMENT OF CONSULTANT City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform professional environmental consulting services ("Services") for the California Street Landfill Horizontal Expansion, located at 2151 Nevada Street, Redlands, California ("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 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," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. 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 Valorie Shatynski, Solid Waste Manager, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B - Project Schedule. A:dodson5-00.agt 1 Agreement for Consulting Services for the California Street Landfill Tom Dodson & Associates May 2, 2000 ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $127,400, in accordance with Attachment C - Project Costs. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment D - 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 Valorie Shatynski Municipal Utilities Department 35 Cajon Street P. O. Box 3005 Redlands, CA 92373 Consultant Bill Gatlin, Vice President Tom Dodson & 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, 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 shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury and death, and claims for injury to or destruction of tangible property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of $1,000,000, and in the aggregate. Consultant shall provide automobile liability, and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury and death, and claims for injury to or destruction of tangible property while performing the Services required by this A:dodson5-00.agt 2 Agreement for Consulting Services for the California Street Landfill Tom Dodson & Associates May 2, 2000 Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of $2,000,000, and in the aggregate. Consultant shall maintain professional liability insurance in the aggregate amount of $1,000,000 with a minimum of $500,000 per occurrence. Automobile liability shall be in a minimum $500,000 blanket, and $50,000 per occurrence, to be obtained within 30 days. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability and professional liability insurance, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omission or failure to act on the part of the Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. 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 will be 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 Project documents developed by the Consultant pursuant to this Agreement 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 for other projects and any use of incomplete documents will be at City's sole risk. A:dodson5-00.agt 3 Agreement for Consulting Services for the California Street Landfill Tom Dodson & Associates May 2, 2000 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. 7.6 Nothing in this Agreement shall give Consultant authority with respect to any City decision beyond the consulting services as outlined herein and specifically as set forth in Attachment "A", "Scope of Work," and the rendition of information, advice, recommendation or counsel. 7.7 Consultant shall supply all tools and instrumentalities required to perform the consulting services in this Agreement. 7.8 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.9 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other (delivered by certified mail, return receipt requested) of intent to terminate. 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 shall be governed by and construed in accordance with the laws of the State of California. A:dodson5-00.agt 4 Agreement for Consulting Services for the California Street Landfill Tom Dodson & Associates May 2, 2000 IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands ("City") B PAT GILBREATH Mayor ATTEST: City lerk, City dlands A:dodson5-00.agt Tom Dodson & Associates ("Consultant") By: ILL GATLIN Vice President Attachment A SCOPE OF SERVICES Task l: Research Project / Prepare Project Description TDA will meet with City personnel and its consultants to review the Joint Technical Document (JTD) and other technical studies and reports prepared for the project. The goal of these meetings will be to achieve agreement among the meeting participants on the adequacy of the studies and reports for submittal to responsible agencies and use in the environmental document. TDA will attend meetings with responsible agencies to discuss the project and to achieve concurrence from these agencies on the scope and content of the environmental document. It is important that these agencies concur with the evaluation since they will utilize the document to comply with CEQA when they make their decisions on the project. The agencies that will utilize the environmental document are: • County of San Bernardino as Local Enforcement Agency (LEA); • California Regional Integrated Waste Management Board (CIWMB); • California Regional Water Quality Control Board, Santa Ana Region (RWQCB); and • South Coast Air Quality Management District (SCAQMD). A second goal of this task is to develop the necessary information on the project to prepare a project description. The project description is an extremely important component of the environmental document because it establishes the scope of the evaluation and provides the parameters for forecasting impacts. Examples: the Traffic Study will utilize the project description to forecast traffic and noise levels will be forecast based on the activities identified in the project description. Therefore, it is important that a comprehensive project description be prepared as the initial step of document preparation. Task 2: Prepare Initial Study / Prepare Studies / Prepare Notice of Preparation Utilizing available data, TDA will prepare an Initial Study to evaluate potential impacts associated with the project. The purpose of the Initial Study will be to eliminate those issues which have no potential to result in significant adverse impacts to the environment. This will narrow the focus of the Environmental Impact Report (EIR) to those issues which have a potential to result in significant adverse impacts or maybe controversial. Based on our knowledge of the project, TDA anticipates the following issues will require specific studies and reports. These are in addition to the specific studies needed to complete the JTD or are required by the responsible agencies. • Traffic Impact Analysis (TIA) — TDA proposes to use the consulting firm of RKJK Associates (RKJK) to prepare a TIA for the project. The generalized scope of services will include the following: • • Meet with City staff to finalize the TIA study area. Provide an evaluation of the existing and possible future access routes, current truck generation, and potential increases in traffic volumes. Prepare TIA suitable for use in processing the permits and CEQA document. The TIA will review existing conditions, impacts resulting from future vehicle activity, and identify mitigation required to reduce the potential traffic impact of the ongoing landfill activity. This task will include follow-up activities to respond to issues raised by reviewing jurisdictions. The recommended study area for the TIA includes the following roadway segments and intersections: • Alabama Street from south of San Bernardino Avenue to north of Pioneer Avenue, • Nevada Street from San Bernardino Avenue to the CSL, • California Street from south of San Bernardino Avenue to CSL, • San Bernardino Avenue from west of California Street to east of Alabama Street, • Palmetto Avenue from California Street to Alabama Street, and • Pioneer Avenue east of Alabama Street. The scope of the TIA will include taking traffic counts and movements at the roadway segments and intersections that do not have recent data available. Based on traffic concerns expressed during previous CSL expansion projects, we feel the TIA will be needed to prepare an adequate environmental document and provide the City a valuable planning tool for future operation of the CSL. o Noise Study — Noise concerns regarding the expansion will not only be limited to operations at the landfill, but will include noise generated along public roadways affected by the project. Because the area around the CSL is identified for a variety of future uses, the impact from noise on existing and proposed uses must be analyzed. To provide the data necessary to evaluate noise impacts, the firm of RKJK will be utilized to prepare a noise study of the affected area. The generalized scope of services will include the following: • • • • • Field review of the site to determine existing conditions. Obtain short-term noise measurements in the vicinity of the existing landfill at up to four locations. Determine existing noise contours at up to 12 study area roadways segments in the vicinity of the site. Determine opening year noise contours in the vicinity of the site at up to 12 study area roadway segments. Determine year 2020 noise contours at up to 12 study area roadway links in the vicinity of the site. Determine -the noise impacts from the landfill expansion area to adjoining noise sensitive areas. Present published noise contours for San Bernardino International Airport with respect to the proj ect. Develop project recommendations to mitigate potential noise impacts. Summarize the results of the study in a noise impact report. • Cultural. Resources — The CSL expansion area has little potential to result in impact to cultural resources, however, the area around the site does have the potential to contain significant resources. Should implementation of the project require road widenings or intersection improvements, a significant potential to effect historical and archaeological resources will exist. Historic structures associated with the citrus industry exist along the affected roadways. Identification of the potential impacts and possible mitigation must be evaluated as part of the environmental document. To accomplish this the firm of CRM Tech (CRM) will provide the following generalized scope of services: • . • . • . Conduct a historical/archaeological resources records search at the Archaeological Information Center at San Bernardino County Museum. Conduct historical background research on the basis of early maps depicting the project area. Conduct a field survey of the project area following standard professional archaeological procedures. Consult with local historical societies or knowledgeable individuals concerning the history of the project site. Field record properties greater than 50 years old. Conduct site -specific historical research at archives, libraries, records repositories, etc. Prepare historical/archaeological site record(s) for properties greater than 50 years old. Prepare a final report to document the findings of the above activities, identifying all potential cultural resources within the project area, if any, discussing their historical significance, and recommending subsequent courses of action regarding such resources, if necessary. ■ Aesthetics — Based on previous permitting activities at the CSL, this maybe the most controversial and will require a great deal of analysis. Accurate visual simulations from a wide variety of locations will be required to respond to potential concerns of the public and other agencies. TDA proposes to utilize the firm of Geographies to prepare the simulations. Geographies is the firm that prepared the visual simulations for the last vertical expansion of the CSL. Twelve viewpoints have been selected as locations for visual simulations. Three of these are the same locations that were used for the last vertical expansion. The locations are: • . • State Route 30 near the crossing of the Santa Ana River, Third Street and Lankersheim Avenue in the City of Highland, and Interstate 10 at the California Street onramp. The new viewpoints were selected to show the horizontal expansion southerly and are therefore located more easterly and westerly of the CSL. • . • • . • From within the agricultural fields westerly of the CSL about midway between California Street and Mt. View Avenue. This area could be developed during the life of the CSL. Behind the SCE steam generation station on Mt. View Avenue, Mt. View Avenue ±400 feet south of San Bernardino Avenue, Parking lot of the Palm Meadows Golf Club, Terminal of the San Bernardino International Airport, Alabama Street at the Santa Ana River, San Bernardino Avenue easterly of Alabama Street, Lugonia Avenue westerly of Mt. View Avenue, and Palmetto Avenue midway between California and Nevada streets. This view will simulate a view from the second story of a building that could be located on the south side of Palmetto Avenue. Geographies will produce twelve 24" x 30" visual simulations of existing conditions and twelve simulations of the proposed horizontal expansion. For the purpose of this environmental document, the existing condition is the configuration of the landfill at its current permitted footprint and elevation. Geographies will also provide twelve 8 %" x 11" simulations of both the existing and proposed conditions for inclusion in the EIR. • Air Quality — Implementation of this project has the potential to increase air emissions form the site and result in these emissions occurring for an extended period of time as the life of the landfill is extended. These emissions will be associated with vehicles and equipment and the disposal and covering of wastes. To quantify these emissions, the firm of Kleinfelder, Inc. will provide the following services: • Model emissions from vehicles and equipment at the site. This will include refuse delivery vehicles utilizing the site. Emissions will be modeled "at the gate" not at exterior roadways because emissions from collection vehicles will occur either with or without this project because refuse will be collected whether or not this project is approved. • Model construction equipment and excavation emissions associated with development of the expansion area. Emissions associated with landfill gas and the LFG flare will be provided by the City of Redlands. • Notice of Preparation — TDA will assist the City to prepare and circulate a Notice of Preparation (NOP) of an EIR. TDA will review continents received on the NOP and develop a final scope of evaluation for the EIR. Task 3: Prepare All Remaining Sections of EIR for Internal Review Utilizing data developed in Tasks 1 and 2 and comment received on the NOP, TDA will prepare a screencheck Draft EIR focused on those issues which were determined to have a potential to result in significant impacts in the Initial Study and the NOP. TDA will prepare the EIR in accordance with the requirements of CEQA and the State CEQA Guidelines. In addition to evaluating the environmental issues, the EIR will contain all the sections mandated by CEQA and State CEQA Guidelines. The EIR will contain nine chapters which, when considered as a whole, will provide the reviewer with an evaluation of the potential significant adverse impacts from implementing the proposed project including associated applications and permits. The following provides a summary of the content of each chapter of the EIR. • Chapter 1 contains the Executive Summary for the EIR. This includes an overview of the proposed project and a tabular summary of the potential adverse impacts and mitigation measures. Chapter 2 provides the reviewer with an Introduction to the document. This chapter of the document describes the background of the proposed project, its purpose, and its organization. The CEQA process to date is summarized and the scope of the EIR is identified. Technical evaluations prepared for the EIR are discussed and the format and availability of the EIR are provided. Chapter 3 identifies the project boundaries and the environmental setting. Chapter 4 contains the project description used to forecast environmental impacts. This chapter describes for the reviewer how the existing environment will be altered by the proposed project. This chapter sets the stage for conducting the environmental impact forecasts contained in the next several chapters. • Chapter 5 presents the environmental impact forecasts for the issues considered in this EIR. For the environmental issues identified in Chapter 2, the following impact evaluation is provided for the reviewer: the project's existing environmental setting; the potential impacts forecast to occur if the project is implemented; proposed mitigation measures; unavoidable adverse impacts; and cumulative impacts. Chapter 6 contains the evaluation of alternatives to the proposed project. Included in this section is an analysis of the no project alternative and other project alternatives. The alternatives to be evaluated will be determined in consultation with the City. Chapter 7 presents the topical issues that are required in an EIR, These include: any significant irreversible environmental changes; and growth inducing effects of the project. The assessment of short-term benefits relative to long-term impacts is no longer required because it is considered redundant to other sections in an EIR. This change was adopted as part of SB 749 (Thompson) which became law in January 1995. • Chapter 8 describes the resources used in preparing the EIR. This includes persons and organizations contacted; list of preparers; and bibliography. • Chapter 9 contains those materials referenced as appendices to the EIR, such as the Initial Study and Notice of Preparation and Continent letters. • Volume 2 contains the technical appendices referenced in Volume I of the EIR. Task 4: Finalize Draft EIR, Publish, and Distribute and Prepare Mitigation Monitoring and Reporting Program TDA will meet with the City to collect all continents on the screencheck DEIR. These comments will be responded to and a Draft EIR prepared for distribution for public review and comment will be compiled and printed for distribution. TDA will supply the City with up to 80 bound copies of the DEIR for distribution (and one master) and will arrange to have copies delivered to the State Clearinghouse and the City's distribution list. TDA anticipates publishing a second volume of technical appendices that will be available upon request. Up to 30 copies of the technical appendices will be provided to the City under this proposal. At the end of this task, the DEIR will be distributed for the 45-day public review and comment period. During the public review and comment period, TDA will prepare a draft Mitigation Monitoring and Reporting Program (MMRP). Task 5: Prepare Responses to Comments and Final EIR Following completion of the 45-day review period (note that TDA will meet with the City upon request to discuss any continent letters that arrive before the end of the review period), TDA will meet with the City to review proposed responses to all continents received on the DEIR. Once general agreement on the content of responses is obtained, they will be prepared and a draft response to continent document will be delivered to the City for final review and comment. The responses to comments will be completed within 3 weeks, barring the need to develop new original data. If major new issues are raised that were previously not addressed and that the City concludes must be addressed in the Final EIR, TDA will perform additional analyses based on mutual agreement on the scope of work and a modified fee. The end product of this effort will be a Final EIR available for certification. Eighty copies of the Final EIR, a master copy, and a computer disk in WordPerfect 6/7/8 format will be provided to the City. TDA will assist with the distribution of these documents upon request. These responses to comments will be prepared in a separate volume, unless the City requests that a combined Final EIR document be prepared for distribution. Task 6: Prepare Findings of Fact and Statement of Overriding Consideration This task will be performed if there are significant impacts identified in the EIR from implementing the proposed project that cannot be mitigated. We anticipate that there may be significant impacts. Based on TDA's past experience with projects of this type and size, it will probably be necessary to prepare a findings and statements document. TDA has prepared numerous findings and statements documents which we believe are effective in allowing the local jurisdictions to approve projects with significant impact. It will be prepared to support the City as "Candidate Findings" and will require meetings with the City as part of the total effort. The applicant will be required to submit and substantiate project benefits for inclusion in the balancing test as required by CEQA, TDA includes draft staff reports and other technical written material required to submit a complete package to the City Planning Commission and City Council. Task 7: Attend Meetings and Hearings TDA will attend up to six public hearings as part of the proposal above. Additional meetings will be billed at an hourly rate of $110/hour for all project team personnel. Based on discussions with City staff, TDA believes that additional unquantifiable work effort will be required to attend meetings, and develop responses to continents during the review period. Therefore, we request that a 10% contingency factor be included in the budget to cover these costs. The use of contingency funds will be on a time and materials basis and will only be permitted after a written justification is submitted by TDA and approved by the City staff. By incorporating this contingency fund into the budget, we have the ability to respond to unforeseen demands for consulting support without returning to the City Council for annoying contract revisions. Since the funds will be expended only if required it can save time and this should be acceptable to the applicant, This concludes the description of the scope of work and the tasks that will be performed to deliver a Final EIR to the City for use in making a decision on this project. Attachment B ESTIMATED SCHEDULE 1. TDA will provide a draft Project Description within 3 weeks of receipt of the data generated in Task 1. 2. TDA will provide the City with a finalized Project Description one week of receipt of City comments. 3. TDA will provide the City with an Initial Study and NOP within 2 weeks of finalization of the Project Description. 4. TDA will provide the City with a screencheck draft of the EIR within 8 weeks after receipt of connnents on the NOP. 5. TDA will provide the City with responses to comment letters, a MMRP, and a Final EIR within 3 weeks of the close of the comment period. 6. TDA will provide the City with Findings of Fact and Statement of Overriding Consideration within 4 weeks of the close of the public comment period. Based on available information, TDA anticipates that an EIR will be ready to go to hearing within about 7 months from the authorization to proceed. Attachment C FEE Task 1 - Research Project / Prepare Project Description $13,000 Task 2 - Prepare NOP and Initial Study and Add'! Studies Prepare Initial Study and Notice of Preparation Traffic Impact Analysis Noise Study Cultural Resources Visual Simulations (Aesthetics) Air Quality Subtotal Task 2: $6,000 $14,400 $4,600 $5,000 $11,000 $19,000 $60,000 Task 3 - Prepare Remaining Sections of EIR for Internal Review $20,000 Task 4 - Finalize Draft EIR, Publish & Distribute and Prepare MMRP $8,500 Task 5 - Prepare Response to Comments and Final EIR $5,000 Task 6 - Prepare Findings of Fact and Statement of Overriding Consideration $4,000 Task 7 - Attend Meetings and Hearings $5,300 TOTAL Proposed Cost: $115,800 10% Contingency $11,600 Total with Contingency $127,400 Attachment D RATES TDA will invoice for work completed on a time and expense basis at the following rates: Environmental Specialist Regulatory Specialist Ecologist / Biologist I Environmental Specialist II Biologist II Biologist III Admin / WP / Graphics $110.00 / hour $90.00 / hour $68.50 / hour $60.00 / hour $45.00 / hour $35.00 / hour $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 $0.35 per mile. The budgeted funds maybe shifted from one task to another provided the total payments do not exceed the total contract amount. Agreement - California Street Landfill - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with 3D GeoServices, Inc. to furnish hydrogeologic support and technical analysis and groundwater quality reporting services for the California Street Landfill and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Agreement - California Street Landfill - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an engineering services agreement with Vector Engineering, Inc. to furnish regulatory and CEQA support engineering services for the California Street Landfill horizontal expansion and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Agreement - California Street Landfill - On motion of Councilmember George, /8 onded by Councilmember Freedman, the City Council unanimously approved an agreement with Tom Dodson & Associates to furnish environmental consulting services for the California Street Landfill horizontal expansion and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Agreement - Cost Recovery Services - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized the City of Redlands Fire Department to enter into an agreement with the City of Colton to provide cost recovery services for emergency response related incidents and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Fee Waiver - Showmobile - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized a waiver of $450.00 in fees for the Kingsbury Elementary School Parent Teacher Association for the one day use of the Showmobile providing that certain other requirements noted in the rental contract are met for towing, set-up, a deposit, insurance coverage, and rental period. Change Order - Colton/Wabash Intersection - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved Change Order No. 3 to the contract for the Colton/Wabash Intersection Improvements Project and authorized staff to execute the change order. Settlement Agreement - Arron Van Mill - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously accepted and ratified a settlement agreement with Arron Van Mill which reflects the terms and conditions agreed upon by the City Council in closed session discussion. May 2, 2000 Page 4