HomeMy WebLinkAboutContracts & Agreements_123-2000AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
This agreement for the provision of environmental consulting services (this "Agreement")
is made and entered into this 7th day of November, 2000, by and between the City of
Redlands, a municipal corporation (hereafter"City") and Helix Environmental Planning, Inc.
(hereafter "Consultant").
In consideration of the mutual promises contained herein, the City of Redlands and
Helix Environmental Planning, Inc. hereby agree as follows:
ARTICLE 1-ENGAGEMENT OF CONSULTANT
1.1. Engagement of Consultant. City hereby retains Consultant to perform
professional environmental consulting services (the "Services") associated with City's
environmental review of the "San Bernardino Valley Municipal Water District Regional
Water Facilities Master Plan" project (the "Project"), all as set forth in the Proposal which
is attached hereto as Exhibit "A" and incorporated herein by this reference, upon the terms
and conditions described herein. Consultant's Services shall include, but not be limited to,
conducting an analysis of a draft Program Environmental Impact Report prepared by the
San Bernardino Valley Municipal Water District relating to construction of water storage,
transmission and distribution facilities throughout the District, including 139,000 feet of
pipelines ranging between 16 inches and 96 inches in diameter; nine pump stations
ranging in capacity between 10 cubic feet per second to 100 cubic feet per second; two,
five million gallon steel tank reservoirs; a 100 million gallon open reservoir; and
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 2
implementation of a Groundwater Management Program. This work shall be in accordance
with the . Scope of Services for the Project attached as Exhibit "A". Consultant shall
determine the method, details and means of performing the Services, and Consultant shall
perform the Services to the best of its ability and with the skill, expertise and level of
competency presently maintained by other practicing professionals providing similar
service in the industry.
ARTICLE 2-PROJECT DESCRIPTION
2.1. Project Description. Construction of water storage, transmission and
distribution facilities throughout the District, including 139,000 feet of pipelines ranging
between 16 inches and 96 inches in diameter; nine pump stations ranging in capacity
between 10 cubic feet per second to 100 cubic feet per second; two, five million gallon
steel tank reservoirs; a 100 million gallon open reservoir; and implementation of a
Groundwater Management Program. These actions are included in the draft Program
Environmental Impact Report which has been prepared and is now available for review and
comment back to the District. The deadline for comments to the District is November 30,
2000. The City is desirous of having an environmental consultant assist the City in
reviewing and preparing comments on the document for written submission to the District
prior to November 30, 2000.
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 3
ARTICLE 3-ADDITIONAL SERVICES
3.1. Subcontractors. Consultant may retain subconsultants and subcontractors
in connection with its performance of the Services subject to the prior consent by City.
The Consultant's key personnel for performance of the Services are as follows:
Randy A. Nichols, AICP
Consultant agrees that these key personnel shall be principally responsible for the
performance of the Services, and that such personnel shall not be replaced without prior
consent of City. Consultant further represents that these key personnel shall each expend
their time performing the Services for City during the term of this Agreement as stated in
Exhibit A, attached hereto and incorporated herein by this reference.
3.2. Insurance. Consultant shall procure and maintain, as its sole cost and
expense during the entire term of this Agreement including any extension thereof, the
following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of
comprehensive general liability insurance written on a per occurrence basis in an amount
not Tess than either (i) a combined single limit of $1,000,000 or (ii) bodily injury limits of
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 4
$1,000,000 per person, $500,000.00 per occurrence and property damage limits of
$100,000.00 per occurrence and $100,000.00 in aggregate.
(b) Worker's Compensation Insurance. A policy ofworker's compensation
insurance in such amount as will fully comply with the laws of the Sate of California and
which shall indemnify, insure and provide legal defense for Consultant against any Toss,
claim or damage arising form any injuries or occupational diseases occurring to any worker
employed by or any persons retained as an employee by Consultant in the course of
carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not Tess than either (i) bodily
injury liability limits of $500,000 per person and $1,000,000 per occurrence and property
damage liability limits of $100,000,00 per occurrence and $250,000.00 in the aggregate
or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for
owned, non -owned, leased and hired cars.
ARTICLE 4- SCHEDULE, TERMINATION AND MISCELLANEOUS
PROVISIONS
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 5
4.1. Schedule for Completion. Time is of the essence and the work described in
Exhibit A shall be completed at the earliest possible date. The initial work
product shall be completed within ten calendar days from the effective date
of this contract. The Contractor shall be expected to provide follow up work
per Exhibit "A" as directed by the City and attend related public hearings on
this matter before the City Council as they are scheduled and other public
bodies as the City may direct. City and Consultant further recognize that
delays could occur for reasons outside the control of consultant. If this
situation occurs, an extension of due date may be permitted by City.
4.2. Fee. In consideration for its performance of the Services, City shall pay to
Consultant an amount not to exceed $5,000 in accordance with the
provisions of Exhibit A. Payment to Consultant shall be made upon receipt
of an itemized invoice describing the itemized invoice outlining the items for
which payment is requested. Invoices shall document the status of the
Services associated with the fees billed. All billings are due and payable
within 30 days of the date they are mailed.
4.3. Termination. City may terminate this Agreement at any time, without cause,
by prior written notice to Consultant. Upon such termination, Consultant
shall deliver to City all documents, reports, materials and work of any nature
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 6
pertaining to this Agreement and in the possession or under its control. In
such an event, Consultant shall be paid for the work performed under this
Agreement to the date of termination costs which would be strictly time and
reimbursable expenses. Payment of work completed under contract to date
of termination shall be made based on time and reimbursable billings as of
the project termination. The total amount of this Agreement is as set forth
in Paragraph 4.2.
4.4. Indemnification. Consultant shall defend, indemnify and hold harmless the
City and its elected officials, officers and employees from and against any
and all liability arising out of or resulting from the performance of this
Agreement by Consultant, and its employees and its agents.
4.5. Independent. Contractor. This Agreement is for professional services and
does not make the employees of Consultant employees of City for the
purpose of payroll deductions, unemployment insurance, or any other
benefits. Consultant shall at all times retain the status of an independent
contractor.
4.6. Nondiscrimination. During the performance of this Agreement, Consultant
agrees that Consultant shall not discriminate on the grounds of race, color,
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 7
national origin, sex, sexual orientation or disability, including the medical
condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition
related thereto in the selection and retention of employees and sub -
consultant and the procurement of materials and equipment.
4.7. Ownership of Documents. The reports, drawings, maps and other contract
documents prepared under this agreement by the Consultant shall be and
remain the property of City upon compensation of Consultant for its services
herein described.
4.8. Assignment. Neither this Agreement, nor any duties or obligations under this
Agreement, shall be assigned by Consultant without prior written consent of
City. Any assignment or attempted assignment without such consent shall
be void and unenforceable and may, at the sole discretion of City, result in
the immediate termination of this Agreement.
4.9. Attorney's Fees. In the event any action is commenced to enforce or
interpret 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 attorney's fees.
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 8
4.10. Entire Agreement. This Agreement supersedes any and all other
agreements, either verbal or in writing, between the parties hereto with
respect to the matters contained herein. Each party to this Agreement
acknowledges and agrees that no representation, inducements, promises or
agreements, verbals or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, stipulation or promise not contained in this Agreement shall
be valid or binding on either party.
4.11. Books and Records. Consultant shall maintain books and accounts of all
project related costs and all expenses. Books shall be available at all
reasonable times for examination by City at the office of Consultant.
4.12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
CITY OF REDLANDS
Pat Gilbreath, Mayor
Dated: November 7, 2000
HELIX ENVIRONMENTAL PLANNING, INC
CONTRACT FOR SERVICES
NOVEMBER 7, 2000
PAGE 9
Attest:
CONS ANT
Dated: //"1.7-0 c-)
Day .j"' ycomb- ident
Oct-30-O0 04:5OP P.02
C!!9li,r!Ifnl'nl�l planning. !or.
EXHIBIT "A"
October 30, 2000
Mr. John Jaquess
City of Redlands, Community Development Department
35 Cajon Street, Suite 20
Redlands, California 92373
Proposal for Environmental Planning Services
Review of a San Bernardino Municipal Water District Program EIR
Dear Mr, Jaqucss:
HELIX Environmental Planning, Inc. (HELIX) would be pleased to assist your staff
by providing a professional critique of a draft program environmental impact report
(IWI 1R) recently released for public ravicw and comment by the San Bernardino
Municipal Water District (SBVMWD). It is our understanding that Sl3VMWP is the
Lead Agency and sponsor fur ;a project that would involve recovery of groundwater
from within the City of San Bernardino and distribution of that water, via
underground pipeline through the City of Rediand's Sphere of Influence, to recharge
the groundwater aquifer within the Bunker ILill Basin. 'I'he L)l'E1R public review anti
comment period iG from October 16 to November 30, Our proposed scope of
service, schedule, and fete are described below,
SCOFF OF SFRVTCES
The primary objective of our consultation will be to evaluate the DPLIR with respect
to its adequacy in complying with the California Environmental Quality Act (CRQA)
statutes and guidelines. We will also assist the City in evaluating; the proposed
project with regard to potential conflicts with City plans, policies and programs.
Specific tasks to be conducted will include, but are not limited to:
Task 1: Meet with City planning staff and the City Attorney to discuss and define the
issues to be addressed by I1Ii L1X. A copy of the I)I'EIR and all supporting;
documents will be provided to HELIX at this time.
Task 2: Review and evaluate the DPLIR. This may also require review of the
SBVMWIYs master water plan and possibly other technical or planning
references that are cited in the DPElR.
T.isk_3: Prepare draft comments concerning the adequacy of the DPLIR and possibly
other City of .Redlands concerns regarding the proposed projects, The draft
comments would be submitted to City staff for review and comment.
Task 4: Make revisions to draft comments based on City stuff input and submit an
electronic file version of the final continents to City stuff, to be printed on
City letterhead and submitted to the SBVMWD prior to the November 30
close of the public review period.
Oct-30-O0 04:51P P.03
El fli01111:f r1)c (I�'aF;r fll), I iC
Mr. John Jaquess, CIty of Redlands Page 2
October 30, 2000
Task 5: Attend additional meetings with City staff, the City's 1:RC, Planning
Conunission, and/or City Council, meetings held by the SBVMWD, etc., as
directed by City Staff.
Task 6: Review and consult with City staff on the adequacy of responses to the
comments ;submitted to SI3VMWD. This could involve additional written
Correspondence or other analytical and communications tasks.
SCI•IEDULE
We will then work with the City in a timely and professional manner, to ensure that
the City's official comments are submithtd to the SI3VMWD before November 30.
COST ESTIMATE AND PAYMENT PROCEDURES
The fee for this scope of services is not.to-exceed $5,000. Payment of monthly
invoices is expected within 30 days of their receipt by the City. HELIX will submit
monthly invoices for all professional labor costs and expenses, in accordance with
our standard schedule of fees.
We appreciate the opportunity to work with you again.
Best re
Candy Nichillti, ' CP
Seniuv roject M. . ger
cc: David W. Claycomb, President
Funds - Police Equipment - On motion of Councilmember George, seconded by
Councilmember Haws, the City Council unanimously accepted the California
Law Enforcement Equipment Program funds and authorized an additional
appropriation in the amount of $123,437,00 for the purpose of equipment
purchases and upgrades,
Funds - COPS Program - On motion of Councilmember George, seconded by
Councilmember Haws, the City Council unanimously approved the use of
Citizens' Option for Public Safety funds as follows:
Two (2) Detective/Corporal positions:
Salaries $117,061.63
Benefits 29,038.89
Overtime 1,074.32
Total COPS expenditures $147,174,84
Funds - COPS MORE 2000 Grant - Applauding Police Chief Bueermann's
efforts, Mayor Gilbreath expressed concern about the fiscal impact of funding
police positions and expanding programs with grant monies. Finance Director
Johnson explained these grants are for specified periods and that there was a
fiscal impact with the matching fund requirements. Police Chief Bueermann
said his department has looked for opportunities for grants and has obtained
over $1 million this year. Councilmember Gilbreath moved to authorize
acceptance of the U. S. Department of Justice COPS MORE 2000 Grand award
of $125,000.00 and authorized an additional appropriation of $167,631.00 to the
Police Department to fund the grant and the City's matching funds for the 2000-
2001 fiscal year. Motion seconded by Councilmember George and carried
unanimously.
Funds - Traffic Safety Grant - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council unanimously authorized acceptance
of the State of California Office of Traffic Safety Grant in the amount of
$285,000.00 to the Police Department to fund two motorcycle officers and their
motorcycles and equipment.
Funds - Contract - EIR Review - On motion of Councilmember George,
,.seconded by Councilmember Haws, the City Council unanimously approved a
' contract with Helix Environmental Planning, Inc. for environmental services
related to review of a draft Program Environmental Impact Report prepared by
the San Bernardino Valley Municipal Water district for the proposed Regional
Water Facilities Master Plan, and approved an additional appropriation for the
Community Development Department in the amount of $5,000.00 for Account
Number 01-1600-2190 for said contract.
Funds - Carry -Over Balances - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council unanimously approved additional
November 7, 2000
Page 4