HomeMy WebLinkAboutContracts & Agreements_82-1997_CCv0001.pdf AGREEMENT TO FURNISH
HYDROGEOLOGIC AND REGULATORY COMPLIANCE SERVICES
FOR THE CALIFORNIA STREET LANDFILL, VERTICAL EXPANSION,
REPORT OF WASTE DISCHARGE REPORT AND INTERIM DRAINAGE PLANNING
This Agreement is made and entered into this 2nd day of September, 1997 by and between the City
of Redlands, a municipal corporation (hereinafter "City") and 31) GeoServices, Inc., (hereinafter
"Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform
professional hydrogeologic consulting services ("Services") for hydrogeologic and
regulatory compliance services for the vertical expansion. Report of Waste Discharge Report
and Interim Drainage Planning for 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 consultants in the industry providing 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 - R—ESPQ
ESIBILIIIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services.
1.2 City will provide access to and make provisions for Consultant to enter upon Ci .ty-owned
property as required by Consultant to perform the Services.
3,3 ,,nski, Solid Waste Manager, to act as its representative with
City designates Valorie Shat'-,
respect to the Services to be performed under this Agreement.
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Hydrogeologic and Regulatory Compliance Services
3D GeoServices, Inc.
September 2, 1997
ARTICLE 4 - PERIQD 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.
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$23.060 in accordance with Attachment C-Project Fee. City shall pay Consultant on a time
and materials basis at the hourly rates shown in Attachment D - Rate 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:
-Cit—V Consultant
Valorie Shatvnski Mercedes Murillo, President
Municipal Utilities Department 3D GeoServices, Inc.
35 Cajon Street 926 Alta Vista Drive
P. O. Box 3005 Altadena, CA 91001
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.
A:3dg-co972.agt
Hydrogeologic and Regulatory Compliance Services
3D GeoServices, Inc.
September 2, 1997
ARTICLE 6 - INTSERANCE AND 1NDENIN1IFICATIONS
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 $1000,000, 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. 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 are:
Project Manager: Mercedes Murillo, R.G., C.E.G.
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Hydrogeologic and Regulatory Compliance Services
3D GeoServices, Inc.
September 2, 1997
Engineering Review: David R. Bachtel, P.E.
CAD Operator: Ernesto Rodriguez
Field Guidance Specialist: Bobby Foster
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 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 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made,but(1)no amount shall be allowed for anticipated profit or unperformed services,
and(2)any payment due Consultant at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant.
7.9 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.
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Hydrogeologic and Regulatory Compliance Services
3D GeoServices, Inc.
September'-', 1997
7.10 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.
7.11 This Agreement, including the attachments incorporated herein by reference, represents the
I
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 Consultant.
7.12 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 3D GeoServices, Inc.
rcitvll) ("Consultant")
V11" Z
By:
S TN LAR ON MERG t-DES IMURIL
Mayor President
ATTEST:
City erk,, Ci edlands
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REVISED REPORT OF WASTE DISCHARGE REPORTING SERVICES AND
INTERIM PHASING AND DRAINAGE PLANNING FIELD GUIDANCE SERVICES
FOR THE CALIFORNIA STREET LANDFILL PROPOSED VERTICAL EXPANSION
ATTACHMENT A
SCOPE OF WORK
Attachment A - Scope of Work
313 GeoServices understands that this agreement is for the period September 3, 1997 through June
30, 199$. to commence upon authorization from the City of Redlands (City). The agreement will
require submittal of a revised Report of Waste Discharge (ROWD) for submittal to the SARWQCB
and the lead enforcement agency (LEA) for the California Integrated Waste Management Board
(CIWMB). This attachment describes the agreement scope of work for the revised ROWD for the
California Street Landfill (CSL)proposed vertical expansion.,
Task I - Revised Report of Waste Discharge- 3D GeoServices will compile, review
and evaluate available technical information to report on conditions at the CSL as required under
the California Code of Regulations, Title 23, Chapter 15 (23CCR) for the proposed vertical
expansion currently under regulatory permit review under the California Environmental Quality Act
(CEQA). The reporting services will include:
Compilation and review of all technical information available to assess additional
information needed to comply with the reporting requirements of 23CCR;
Technical writing and drafting as necessary to present and discuss applicable technical
information in a clear format which demonstrates compliance with the reporting
requirements of 23CCR; and
Publication of a draft and six final copies of the Report.
D GeoServices will ALSO provide the City with resonses to comments on the ROWD icesw
itting process. Whiple performing thistask, 3)D GeoServwill
needed basis during the CEQA perm
work closely with the City's project manager.
Task 2 - Interim Phasing and Drainage Planning Field Guidance-
GeoServices will provide engineering planning and afield -guidance for interim phases of refuse
placement during the fiscal 1997 year, in accordance with the revised,proposed final.drainage plan.
v -inter.
Planning and guidance will focus on strategic movement of the working face durin., the w
n working in areas with reduced accessibility, on the
spring and summer months of this period, o d on
establishment and preservation of drainage flow lines in the field during these moea
tthe maximization of vertical refuse placement during daily optis. These servsre intended
of ve daily cover in combinatin
to provide the City with the ability to maximize the use
with the tarping,program, in a manner that does not sacrifice the
alternativolume gained from the proposoed
iides all requisite professionalll. 3D GeoServices� staff prov
vertical expansion of the landfill. submitted Statement of
qualifications to perform these services, as provided for in our previusly
Qualifications,and as demonstrated by senrices provided in the past to e City's Municipal Utilities
Department staff and management.
Attachment A-2
Attachment A - Scope of Work
Defiverables - Deliverables will consist of memorandums, letter reports, internal CAD
ing plans and sections (in Intergraph Microstation or InRoads format), text and faxed
en-Ineerl ,
staff on a time and materials basis upon request. One draft copy
information to be provided to City s
of the revised ROWD will be submitted to the City for review. After incorporation of the City's
cominents,five bound copies, one unbound reproducible copy, and one copy of the final ROWD in
electronic format VVIII be submitted to the City. The Report will be certified by a geologist currently
registered in the State of California.
Attachment A-3
REVISED REPORT OF WASTE DISCHARGE REPORTING SERVICES AND
INTERIM PHASING AND DRAINAGE PLANNING FIELD GUIDANCE SERVICES
ATTACHMENT B
PROJECT SCHEDULE
Attachment B
Revised Report of Waste Discharge and Interim Phasincq_and Drainage Planning Field Guidance Schedule
____......
California Streetlandfill Vertical Expansion
Task Sep-97 Fourth Quarter 1997�� Jan-98
]—E—]13-518-1-2115-19 22-26 29-30 Oct Nov Dec 1-2 5-9 12-16 19-23 26-30
Task 1 -Revised Report of Waste Discharge
Prepare Draft Report
Draft repot#to the Ci#y 17-Sep
Draft report review period
Final report to the City and agencies 22-Sep
Response to Comments Regulatory Liaison&Advisement
Task 2 -Interim Phasing&Drainage Planning Field Guidance
C
I
Attachment B-1
REVISED REPORT OF WASTE DISCHARGE REPORTING SERVICES AND
INTERIM PHASING AND DRAINAGE PLANNING FIELD GUIDANCE SERVICES
ATTACHMENT C
PROJECT FEE
Attach_ment_C _ _ __
Revised Report of Waste Discharge Reporting Services and Interim Phasing and Drainge PtanningField Guidance Services
Fees _
California Street landfill Vertical Expansion
Mercedes Murillo David R. Bobby Foster Ernesto
Bachtel-PE Rodriguez-CAD CEG ($80/hour) 9
_Task Description ($80/hour) ($650/day} ($6S/hour} Mail Repro Hours Casts Per
_._. Costs Per Task Task
Hours Costs Hours Costs Hours Costs Hours Costs � -
Task 1 -Revised Report of Waste Discharge 160.0+ $12,800 0.0+ $0 0.0+ $0 20.0+ $1,300 $900 180.0 $15,000
Response to Comments (if needed) 24.0+ $1,920 + + + 24.0 $1,920
Task 2-Interim Phasing & Drainage Planning +
Field Guidance u: $0 28,0,' $2,240 40,0: $3,250 10.0: $650 $0 78.0 $6,140
Tata!' �� !� '#�4.0'��514,'T2(f �� + +
' 40.00+,�1r9J�"I7' + + rd
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Attachment C-1
REVISED REPORT OF WASTE DISCHARGE REPORTING SERVICES AND
INTERIM PHASING AND DRAINAGE PLANNING FIELD GUIDANCE SERVICES
ATTACHMENT D
RATE SCHEDULE
Attachment D
Revised Report of Waste Discharge Reporting Services and Interim Phasing and
Drainage Planning Field Guidance Services
t Rate Schedule
Item Rate
Professional Personnel (P.E., C.E.G., C.H.G., $80.00 per hour
includes Computer Charges)
CAD Operator(includes CAD/GIS Equip) $65.00 per hour
Field Guidance Specialist $650.00 per day
Subcontracted Professional Services, Cost plus 15%
Supplies
Miscellaneous Out of Pocket Expenses Cost
(Reproduction and long distance
telephone charges, special order office
supplies, slide preparation, report and
other presentation media, other direct
costs)
Attachment D-I