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HomeMy WebLinkAboutContracts & Agreements_22-2001AGREEMENT TO FURNISH ENVIRONMENTAL CONSULTING SERVICES FOR THE REDLANDS RECYCLED WATER PROJECT This Agreement is made and entered into this 6t1' day of February, 2001, 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: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform professional environmental consulting services ("Services") for the Redlands Recycled Water Project Treatment Facilities and Phase I Distribution System located in and around the western part of Redlands ("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 Douglas Headrick, Chief of Water Resources, 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. TDA Agreement RRWP CEQA 2-01.doc ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $15,000, in accordance with Attachment C — Fees for Services. 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 Douglas Headrick, PE 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 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 TDA Agreement RRWP CEQA 2-01.doc 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. 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. TDA Agreement RRWP CEQA 2-01.doc 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. TDA Agreement RRWP CEQA 2-01.doc IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands ("City") By: PAT GILBREATH Mayor ATTEST: Clerk, C. ' edlands Tom Dodson & Associates ("Consultant") By: BILL GATLIN Vice President TDA Agreement RRWP CEQA 2-01.doc Attachment A Scope of Work Task 1: Prepare Project Description Working with City staff and its consultants, TDA will prepare a project description for the proposed wastewater treatment and recycled water distribution facilities. We anticipate at least two meetings to obtain data on the project and a site reconnaissance. Thereafter, TDA will finalize the project description and submit a draft for City review. Task 2: Prepare Technical Assessments Based on data provided to TDA, it appears that the proposed treatment facilities will be located within the confines of the existing wastewater treatment plant site and most of the pipelines to distribute the recycled water will primarily be located within existing dedicated roads. Portions of the pipeline may be located within area developed with other uses such as agriculture, etc. No undisturbed native habitat will be affected by the project. As such, only a visual reconnaissance of the pipe alignments and treatment plant will be required. No site -specific biological or cultural resources surveys are proposed. Using technical data supplied by the City, TDA will prepare the Initial Study using the CEQA Guidelines standard 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. Task 3: Process the Negative Declaration and Issue the Notice of Determination Unless some issue(s) which is/are not known at this time arises, we feel a 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 assist the City with preparation and processing of the Mitigation Monitoring and Reporting Program, Negative Declaration, and the Notice of Determination, if a Negative Declaration is adopted for the project. Attachment B Estimated Project Schedule 1. TDA will meet with City staff to discuss the project, collect technical data, including identification of all responsible agencies and visit the project site and pipe alignments within 2 weeks of receipt of authorization to proceed. 2. TDA will submit a screencheck draft of the Initial Study to the City for review within 5 weeks of receipt of all technical data needed to prepare the Initial Study. 3. TDA will provide a finalized Initial Study for circulation for public review and comment within one week of receipt of City comments on the screencheck Initial Study. TDA will also assist the City with circulation of the document for the 30-day public review and comment period and preparation of the required notifications on an as -requested basis. 4. TDA will assist with preparation of the Mitigation Monitoring and Reporting Program, responses to comments, Negative Declaration, Notice of Determination during the 30-day public review and comment period. 5. TDA will assist with processing of the CEQA document with the decision makers on an as -requested basis. Attachment C Fees for Services TDA will provide the services identified in Tasks 1, 2 and 3 on a time and expense basis for a fee not to exceed $15,000. Attachment D Fee Schedule TDA will invoice the work completed on a time and expense basis at the following rates: Environmental Specialist Regulatory Specialist Env. Specialist II Ecologist / Biologist I Admin / WP / Graphics $110.00 / hour $90.00 / hour $75.00 / hour $68.50 / 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. Agreement - Redlands Recycled Water Project - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved an agreement to furnish environmental consulting services for the Redlands Recycled Water Project with Tom Dodson & Associates and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Contract - Community Facilities District - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously accepted a proposal from David Taussig & Associates for special tax consulting services relating to Community Facilities District (CFD) 2001-1 and approved a contract for these services and authorized the Mayor and City Clerk to sign the document on behalf of the City. Memorandum of Understanding and Lease Agreement - YMCA - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved a memorandum of understanding and lease agreement with the YMCA of Redlands for the establishment of a Community Training Center pursuant to the goals of the Police Department's Value Based Initiative Program and authorized the Mayor and City Clerk to sign the agreements on behalf of the City. Resolution No. 5838 - PERS Amendment - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5838, a resolution of intention to approve an amendment to the contract with the California Public Employees' Retirement System (PERS) to change the retirement formula to two (2) percent at 55 for miscellaneous employees. (Also see Ordinance No. 2469) Funds - California State Library English Language and Literacy Grant - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized the allocation of grant funds in the amount of $7,650.00 from the California State Library English Language and Literacy State Grant which will be used to hire two part-time pages to work through July of 2001 to assist with children's programming for literacy at the A. K. Smiley Public Library. Bear Valley Mutual Water Company Annual Meeting - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously acknowledged receipt of the notice of the Bear Valley Mutual Water Company Annual Shareholder's meeting to be held on February 20, 2001. It was noted in the staff report the City of Redlands, through direct and indirect ownership, owns approximately 48 percent of the outstanding stock of this water company. February 6, 2001 Page 5