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HomeMy WebLinkAboutContracts & Agreements_102-2000AGREEMENT TO FURNISH SERVICES FOR THE PREPARATION OF RISK MANAGEMENT PLAN PROGRAMS FOR THE HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANTS This Agreement is made and entered into this 5th day of September , 2000 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Resource Management Services (hereinafter "Service Provider"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Service Provider hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF SERVICE PROVIDER 1.1 City hereby engages Service Provider, and Service Provider hereby accepts the engagement, to perform services ("Services") for the preparation of Risk Management Plan Programs for the Henry Tate and Horace Hinckley Water Treatment Plants ("Project"), both of which are located within the City of Redlands, California. 1.2 The Services shall be performed by Service Provider in a professional manner, and Service Provider represents that it has the skill and the professional expertise necessary to prov ide high quality Services for the Project at the level of competency presently maintained by other practicing professional Service Providers in the industry providing similar types of services. ARTICLE 2 - SERVICES OF SERVICE PROVIDER 2.1 The specific Services which Service Provider shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. ARTICLE 3 RESPONSIBILITIES OF CITY • 3.1 City shall make available to Service Provider information in its possession that is pertinent to the performance of Service Provider's Services. 3.2 City will provide access to and make provisions for Service Provider to enter upon City - owned property or rights -of -way as required by Service Provider to perform the Services. 3.3 City designates Gary Phelps as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. AGREEMENT FOR RISK MANAGEMENT PROGRAMS September 05, 2000 Page 2 ARTICLE 4 - PERIOD OF SERVICE 4.1 Service Provider shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE SERVICE PROVIDER 5.1 The total compensation for Service Provider's performance of the Services shall be in accordance with Attachment "C", entitled "Project Fee". 5.2 Service Provider shall bill City at the times indicated in Attachment "C" by submitting an invoice indicating the Services performed including backup documentation. Payments by City to Service Provider shall be made within 30 days after receipt and approval of Service Provider's invoice, by warrant payable to Service Provider. 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 Service Provider Gary Phelps Pankaj Garg Municipal Utilities Department Resource Management Services, Inc. 35 Cajon Street 7304 Celata Lane P. O. Box 3005 San Diego CA 92129 Redlands CA 92373 (Payments to be made payable to: Resource Management Services, Inc 11303 Dundee Drive Mitchellville, Maryland 20721) 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. AGREEMENT FOR RISK MANAGEMENT PROGRAMS September 05, 2000 Page 3 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Service Provider 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 on an "occurrence" basis in a minimum combined single limit of $1,000,000, and $1,000,000 in the aggregate. Service Provider shall maintain comprehensive automobile liability insurance with a combined single limit of $1,000,000 for bodily injury and property damage. Service Provider shall maintain professional liability insurance in the aggregate amount of $1,000,000 with a minimum of $500,000 per claim. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Service Provider shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Service Provider 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, or are caused by any negligent act or actions, omission or failure to act on the part of the Service Provider, 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 Service Provider 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, pro visions and conditions of this Agreement. 7.3 Service Provider's key personnel for the Project is: Project Manager: Pankaj Garg AGREEMENT FOR RISK MANAGEMENT PROGRAMS September 05, 2000 Page 4 Service Provider 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 Service Provider 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. 7.5 Service Provider is for all purposes an independent contractor. All personnel employed by Service Provider are for its account only, and in no event shall Service Provider 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 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. 7.8 Upon receipt of a termination notice, Service Provider 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 Service Provider in performing the Services required by this Agreement. 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 Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Service Provider. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. AGREEMENT FOR RISK MANAGEMENT PROGRAMS September 05, 2000 Page 5 IN WITNESS WHEREOF, duly authorized representatives of the City and Service Provider have signed in confirmation of this Agreement. City of Redlands ("City") By: PAT GILBREATH Mayor ATTEST: Clerk, Qity'Jof IRedlands Resource Management Services, Inc. ("Service Provider") By: AGREEMENT TO FURNISH SERVICES FOR THE PREPARATION OF RISK MANAGEMENT PLAN PROGRAMS FOR HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANTS ATTACHMENT A SCOPE OF SERVICES The scope of services to be performed for the Henry Tate and Horace Hinckley Water Treatment Plants includes the following: 1. Develop a Written OSHA Hazard Communication Program; 2. Develop a Written OSHA Injury and Illness Prevention Program (SB-198); 3. Develop a Storm Water Pollution Prevention Plan; 4. Develop a Storm Water Monitoring Program; 5. Develop a Written Proposition 65 Compliance Program; and 6. Provide OSHA Hazard Communication and SB-198 Training to ALL employees affected. Specific work items, if required to implement the Risk Management Plan Programs, will be identified and defined in the first month of the project in the following areas: • conduct of sampling activities; • analytical expenses; • any regulatory licensing fees or document review fees payable to Governmental Agencies; • hazardous and non -hazardous waste handling and disposal fees (e.g., the disposal of samples, etc. if required); • purchase of materials and supplies required to come into compliance (i.e., labels, drums, etc.); • corrective actions required to come into compliance; and • personnel training, other than that specified under item (6) above (e.g., if you ask RSM to actually put on a class for New Hires, .OSHA 24 hour training, etc.) (These specific work items, if required, and once defined, would be accomplished by staff, or under a separate service agreement, or the appropriate purchasing procedure.) AGREEMENT TO FURNISH SERVICES FOR THE PREPARATION OF RISK MANAGEMENT PLAN PROGRAMS FOR HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANTS ATTACHMENT B PROJECT SCHEDULE Work under this Agreement initiates on September 5, 2000 and will be completed by RMS by December 31, 2000. AGREEMENT TO FURNISH SERVICES FOR THE PREPARATION OF RISK MANAGEMENT PLAN PROGRAMS FOR HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANTS ATTACHMENT C PROJECT FEE Resource Management Services, Inc. (RMS) will perform the specified scope of services for a fixed cost fee of $26,000, plus a unit cost for employee training session described below. The fee includes all technical and clerical labor charges and other direct expenses as well as all travel and per diem expenses associated with performing the scope the services specified herein. At the completion of the project the City will receive two copies of each document prepared and all files will be provided in electronic format in MS Word (IBM format). The fixed cost portion of the project fee is payable in three equal installments to be payable per the following schedule: September 30, 2000 $8,666.67 October 30, 2000 $8,666.67 December 31, 2000 $8,666.67 In addition, a fee of $150 per person per training session per program will be charged (for Scope of Work Item No. 6 as specified in Attachment A). This charge includes all training materials, labor charges and other direct expenses as well as all travel and per diem expenses associated with providing the training. The total cost for training is estimated to be $13,500, based on 90 training sessions for 60 employees. Therefore, the total cost of the project is estimated to be 539,500, with $26,000 of the fee on a fixed cost basis, and $13,500 estimated for training based on a maximum of 60 employees. Reallocation of CDBG Funds - Texonia Park - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved the expansion of the scope of work for Community Development Block Grant (CDBG) funds' Project 111-24202/1760 to allow for lighting, turf and irrigation in the north ballfield at Texonia Park. The request for reallocation of CDBG funds for the YMCA/Camp Edwards Project was withdrawn. Agreement - Risk Management Plan - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an agreement with Resource Management Services to furnish services for the preparation of risk management plan programs within the Water Division and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Redlands Museum Donations - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously designated the A. K. Smiley Public Library and its Board of Trustees as the repository for donated materials until the Redlands Museum is established. Agreement - California Street Landfill - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized Amendment No. 2 to an engineering agreement with Vector Engineering to provide engineering services for the California Street Landfill horizontal expansion and authorized the Mayor and City Clerk to execute the amendment on behalf of the City. Amended Lease Agreement - Coyote Aviation - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a revised lease agreement with Coyote Aviation for use of a portion of the property at Redlands Municipal Airport and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Agreement - Solid Waste Management Services - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized a agreement with John C. Davis to furnish solid waste management services for the Municipal Utilities Department and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. PLANNING AND COMMUNITY DEVELOPMENT CUP No. 704 - Sprint - Councilmembers Gilbreath and Haws left the Council Chambers due to conflicts of interest. Community Development Director Shaw reported Sprint PCS filed an appeal to the decision made by the Environmental Review Committee (ERC) for Conditional Use Permit No. 704 to require an Environmental Impact Report (EIR) for the installation of a wireless telecommunications facility in the R-A (Residential Estate) District. The project would consist of a 102 foot monopole, an array of twelve antennas and September 5, 2000 Page 4