HomeMy WebLinkAboutContracts & Agreements_72b-1998_CCv0001.pdf AGREEMENT TO FURNISH
JOINT TECHNICAL DOCUMENT AND
PRELIMINARY CLOSURESTREEORTING TL LANDFILL FOR THE CALIFORNIA
1998 by and between the City
This Agreement is made and entered into this 1st day of December,
and Inc., {hereinafter
of Redlands, a municipal corporation (hereinafter -city")
)
"Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Engineer hereby agree as follows:
ARTICLE 1 -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform
professional technical reporting services("Service for the vertical expansion Street Landfill(the"Pro }revised
Preliminary Closure Plan(PCP)for the City's California
1.2 The Services shall be performed by Consultanti
nprofessional tise necessary to provide high quality
represents that it has the skill and the professionalp
Services for the Project at the level of competency presently maintained
seryby
Bother practicing
professional consultants in the industry providing similar types
ARTICLE 2 - SERVICES OF CONSULTANT
2,1 The specific Services which Consultant shall performand ly described in
rporated herein
Attachment"A,"entitled"Scope of Work, which is attached hereto incorporated
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.
ty desi
3.3
Ci nates Valorie hatynski, Solid Waste Manager, to act as its representative with
g
respect to the Services to be performed under this Agreement.
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Joint Technical Document And
Preliminary Closure Plan Reporting Services
3D GeoServices,Inc.
ARTICLE 4 -PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a diligent manner and in accordance with the Project
Schedule set forth in Attachment B.
ARTICLE 5 -PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$34,480,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:
Cily Consultant
Valorie Shatynski Mercedes Murillo, President
Municipal Utilities Department 3D GeoServices, Inc.
35 Cajon Street 26042 Mirage Court
P.Q. Box 3005 Moreno Valley, CA 92555
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.
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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
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Joint Technical Document And
Preliminary Closure Plan Reporting Services
3D GeoServices,Inc.
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 require]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.
Data Base Management: Anne Saffell, C.H.G
CAD/GIS: Ernesto Rodriguez
Statistical Analysis: Mercedes Murillo, R.G., C.E.G.
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.
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Joint Technical Document And
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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.
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
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.
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Joint Technical Document And
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IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands 3D GeoServices, Inc.
CCity") ("Consultant")
s
By: = A
` � - By:
M E. C wG AM MERCE S RILLO
President
Mayor
ATTEST:
City Cl rig,City( elands
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INT TECHNICAL DOCUMENT AND PRELEIINARY CLOSUREPLAN
REPORTING SERVICES
R THE CALIFORNIA STREET LANDFILL,
ATTACHMENT A
SCOPE OF WORK
Scope of Work
Attachment -
D GeoServices understands that this agreement is for the. period December 1, 1998 through
February 2 , 1999, to commence upon authorization frotnn the City of Redlands (City). The
agreement will require submittal of a Joint Technical Document (JTD) and revised Preliminary
Closure Plan(PCP)for submittal to the SARWQCB and the lead enforcement agency(LEA)for the
California Integrated Waste Management Board (C`IWN11 ). This attachment describes the
agreement scope of work for the revised JTD and revised
pCP for the California Street Landfill (CSL).
Task I -infiltration Modeling - Task 1 consists of refining and completing the existing
infiltration modeling of the revised.Final Grading Plan. The HELP model is proposed to be used for
this modeling, with confirmation modeling using the LEAC I1W model. The purpose of the
modeling will twofold_, 1) to prepare modeling results for the final cover design based on actual
material in place and available on-site over the eastern portion of the landfill,and.2)to prepare useful
criteria for the City to use in discussing potential soil import opportunities that may arise frorn time
to time in the future. These criteria will presented to the City in a reference format which will allow
staff to request appropriate engineering soil data representing import soil stockpiles,depending on
a range of soil types likely to become available.
"ask 2 _ Emergency Plan - Task 2 consists of reviewing, updating;, and re-organizing the
current Emergency Plan as necessary to comply with Title 27 requirements for this portion of the
Joint Technical Document.
Task 3 e Report Text. CADD Revision - Task a consists of reviewing the current
RO D, RDSI and PCP for all text elements which gleed revision,their revision.and re-organizing
all other elements into; a format conipatible with the requirements of a JTD and PCP,as required in
Title, 27 of the California Code of Regulations (27 CCR). This task includes the generation and
organization of new text and data, existing text and data, tattles, references, indices, and figures
included in the text. It is assumed that all current text, tables and figures are available in digital or
other reproducible form for revision or inclusion,as necessary. It is also assumed that the revisions
to the -mancial Assurance portion of these reports, and generation of new CADD material w~ill be
provided by another consultant.
Task 4 - Database. ModeI n i Revisions-Task 4 consists of
reviewing the current ROOD, RDSI and PCP for all database; and CADD elements vhleh need
revision.coordinating t sear ion, and re-or< amzfng al other elenn n� into a format compatible
with the requirements of a JTD and. PCP, as required in Title 27 of the California. Code of
Regulations(27 CCR). This task includes the gene ration and or garnization of new data and modeling-
output,
odolin<g-o'lt ut,existing data and modeling OUtpUt,tables,references,indices,and figures. it is assumed that
Attachment A-2
all current test,,tables and figures are available in digital or other reproducible form for revision or
inclusion,as necessary. ft is also assumed that any requisite new CADD material will be provided
by the Citi}or another consultant.
u 1 s -Task 5 consists of all master report generation,coordination,
reproduction,and binding necessary to publish the JTD and PCP reports, The reports will be issued
in draft form for the City's review,as well as final form. This task includes reviewing the City's and
appropriate agency fifes for usable CADD plates and figures vvhich may be re-used in the reports,
as a'time and cost saving effort. Should there be a:shortfall of available plates and figures,however,
it is assumed that all any remaining information necessary for completion of the reports Nell be
provided by the City or another consultant.
Task Consultant Coordination-Task 6 consists of all conurrunications necessary to
incorporate materials changes, changes to environmental control systems i.e, has col I cc tion and
monitoring, drainage control), newly available base reap information, d financial assurance
estimates relevant to the proposed design change.
Task 7 - Regulatory Advisement, Meetings - Task 7 consists of providing time as
requested by the City to discuss or review the impacts of her design refinements during the course
of this project,
Defiverables- Deliverables will consist of memorandums, text, and faxed infer tion to be
provided to City staff on a time and materials basis upon request. One complete draft copy of the
revised.Y'D and PCP will be submitted to the City for review, and up to three draft copies of each
report(text only)will he provided to ether consultants having input into the reports for heir review.
After incorporation ofthe City's comments,twelve bound copies each,one unbound reproducible
copy eachd one copy each f the final JTI PCP in electronic format will be submittedo the
City. For-ease ofrevision,the report will be issued in three-ring binders,single sided reproduction. ;
Each report will be certified by a geologist currently registered in the State of Califsa ia.
-Attach nt A-
JOINT TECHNICAL DOCUMENT AND PRELIMINARY CLOSURE PLA
REPORTING ` rIL
FOR THE CALIFORNIA STREET LANDFILL
i
Attachment
Joint TechnicalDocument Revised Preliminary lore
Plea Reporting ices Schedule
CaliforniaStreet Landfill� Team
998 1999
::� c mb :r Janr.r ry February
lntiltr tin Modeling
Emergency_ Plan
vision
Rotl p _s, Model OLAP_L_It (Appendix)
ndi ) i ion
Draft Report January 29, °1999
---
CityReview uric � � � � _� —_ February 1-12, 1999
Incorporate City's Comments ._._ _ February 15-19, 1999
Publish, Find Report Submittals
February 26, 1999
Consultant Coordination
Attachment B-I
JOINT TECHNICAL DOCUMENT AND PRELIMINAWi CLOSURE PLAN
REPORTING SERVICES
FOR THE CALIFORNIA STREET LANDFILL
ATTACHMENT C
PROJECT FEE
i'
1
Attachment C
Joint Technical Document&Devised preliminary Closure Flan Reporting Services Fee Schedule _
California Street Landfill Vertical Expansion
--=.=-==_— Ernesto Rodriguez-
Mercedes Murillo- David R.Eachtel-PE Anne Saffell($801hour) Other Direct Hours
CEG($801hour) - ($80/hour) CAD($65fhour) Costs Per Task Costs Per Task
Task Description _ _ ._�_��= _ ®_ __� ._, __� �.
Hours —Costs Hours; Costs Hours costs Hour-s_�_ Costs —
-- — -= 60.0 $ 4,80090
as 0, $� ,aOF 0 091$ 0.0:, $ a.0; $ $ --
Task i -Infiltration Modeling � 40.0 $ 3,200.00
Task 2 Erner oncy F�Ianm __ _ �O.Oi $— a.0?$ 40.0; $ 3,20x.00 __ O.Oi$ $
— 96.Oi $ 7,680.00 091$ 40 O` $ 3 200.00 0 0 $ $ 136.a $ 10,580.00
Task 3-Roport Rovision __ ® _ f— -- _ t--- 0 0}$ $ 40.0 $ 3,200.00
Task 4-t3atabaso,6 odo6 t0uttsut(Appendij)Reavis"ton �4a.0 $ 3,200.00 0.0. $ a 0. $ __ _
_ 3x.0$ 2,400.00 a.0;$ 3O 01 $ 2,400+00 0 0$_ $ 2,Ot70.00 60.0 $ 6,800.00
Task 5-k erkaissh JTZ F�cl' 4 0; $ �0.0 $ $ - 30.0 $ 2,400.00
X0.0; $ 2,a0a.00 a.0;$ - _ _
Task ConstrCtant Cootdcnat¢c n — - 0 0 $� $ 40 0 $ 3,20a 00
Task 7 Rc�qu at0 Design Advtsornenf Meetings* 20.0! $ 1,600.00 20.0; $ 1,600.00 0.0: $ � —
_ . — 27'6 f3 $ 22,080,00 ._20 0 $ 1,6ti0 PQ 9 0f 0 r&3,8t1{?.007 0 0 jn S_ "_ 2,000OtP�T 406.0
{30
ToEol —
Attachment C-1
JOINT TECHNICAL DOCUMENT AND PRELIMINARY CLOSURE PLAN,
REPORTING SERVICES
FOR THE CALIFORNIA STREET LANDFILL
ATTACHMENT D
RATESCHEDULE
Attachment l
Joint Technical Document and Preliminary Closure Plan Reporting Services
1 Rate Schedule
I
Item ate
Professional Personnel (P.E., C.E.G., C.H.G- $80.00 per hour
includes Computer Charges)
CADD Operator(includes CAD/GIS Equip) $65.00 per hour
Subcontracted Professional Services, Supplies Cost plus 151
Miscellaneous out of Pocket Expenses Cost
on distance telephone charges,
special order office supplies, slide
preparation, report and other
resentation redia, other direct costs)
Attachment -1