HomeMy WebLinkAboutContracts & Agreements_254-2005_CCv0001.pdf AGREEMENT TO PROVIDE CONSULTING SERVICES
FOR HYDROGEOLOGIC SUPPORT, TECHNICAL ANALYSIS
AND REPORTING SERVICES FOR THE CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this 20th day of December, 2005 by and between
the City of Redlands, a municipal corporation (hereinafter "City") and 3D GeoServices, Inc.,
hereinafter("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform professional engineering services for
hydrogeologic support,technical analysis and reporting services for water quality monitoring
for the operation and expansion of the City's California Street Landfill (the "Services")
located at 2151 Nevada Street, Redlands, California.
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 the Services
to City at a 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 described in Exhibit "A," entitled
"Scope of Services," which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with all applicable Federal,State and local laws and regulations in
the performance of this Agreement including,but not limited to, all applicable Labor Code
and prevailing wage laws commencing at Labor Code section 1770 et seq and non-
discrimination laws including the Americans with Disabilities Act and the Fair Employment
and Housing Act.
2.3 Consultant further understands that if it violates the provisions of the Labor Code relating
to prevailing wage, that City may enforce the Labor Code by notice of the withholding of
contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726,
1727 and 1771.6.
2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the
Services, that Consultant shall comply with Labor Code sections 1775 and 1777.7, by
providing the subconf*ctor with copies of the provisions of sections 1771, 1775, 1776,
1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory
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provisions for penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by the City pursuant to Labor Code sections 1775 and
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1813.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in City's possession that is relevant to
the performance of Consultant's Services.
3.2 City will make provision for Consultant to enter upon City-owned property to perform the
Services.
3.3 City designates Gary Van Dorst to act as its representative with respect to the Services.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit "B," entitled "Project Schedule."
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$58,400. City shall pay Consultant on a time and materials basis, not to exceed
the amounts shown for each task as identified in Exhibit "C" entitled "Project Fee," and
based upon the hourly rates shown in Exhibit "D", entitled "Rate Schedule".
5.2 Within ten days following the end of each month Consultant shall submit an invoice to City
indicating the portion of the Services performed, who performed the Services and costs
incurred. 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 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 Consultant
Gary Van Dorst Mercedes Murillo, C.E.O., President
Municipal Utilities Dept. 3D GeoServices, Inc.
PO Box 3005 26042 Mirage Court
Redlands,CA 92373 Moreno Valley, CA 92555
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
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Changes may be made in the names and addresses of the person to whom notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during its
performance of the Services and shall be primary with respect to City and non-contributing
to any insurance or self-insurance maintained by City. Consultant shall not commence the
Services unless and until all required insurance listed below is obtained by Consultant and
Certificates of Insurance and endorsements evidencing such insurance are presented to City.
All insurance policies shall include a provision prohibiting cancellation,except upon thirty
(30) days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout its performance of the Services in amounts which
meet statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City,its elected officials
and employees for losses arising from work performed by Consultant for City by
expressly waiving Consultant's immunity for injuries to Consultant's employees.
Consultant agrees that its obligation to indemnify,defend and hold harmless provided
for in this Agreement extends to any claim brought by or on behalf of any employee
of Consultant. This waiver is mutually negotiated by the parties. To the extent any
of the damages referenced herein were caused by or resulted from the concurrent
negligence of City, its agents or employees, the obligations provided herein to
indemnify,defend and hold harmless are valid and enforceable only to the extent of
the negligence of Consultant, its officers, agents and employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout its performance of the Services comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout its performance of the Services in the amount of one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate.
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6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million dollars {$1,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This coverage shall include all
Consultant-owned vehicles used in connection with its performance of the Services, hired
and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from assigning
any of the Services without the prior written consent of City. In the event of mutual
agreement between the parties to assign a portion of the Services, Consultant shall add the
assignee as an additional insured to Consultant's insurance policies and provide City with
insurance endorsements prior to any Services being performed by the assignee. Assignment
does not include printing or other customary reimbursable expenses that may be provided in
this Agreement.
6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless
City,its elected officials,officers,employees and agents from and against any and all actions,
claims,demands,lawsuits,losses and liability for damages to persons or property,including
costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
corporation,political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions in performing the
Services;but excluding such actions,claims,demands,lawsuits and liability for damages to
persons or property arising from the sole negligence or intentionally wrongful acts of City,
its officers, employees or agents.
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 All documents,records,drawings,designs,cost estimates,electronic data files,databases and
other documents developed by Consultant pursuant to this Agreement and any copyright
interest in such documents 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
and any use of incomplete documents will be at City's sole risk.
7.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. 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.
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7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.5 This Agreement may be terminated by the City, without cause, by providing five (5) days
prior written notice to Consultant of intent to terminate.
7.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made,but no amount shall be allowed for anticipated
ipated profit or unperformed Services,and
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.
7.7 Upon receipt of a termination notice,Consultant shall immediately discontinue all Services,
and within five (5) days of the date of such notice, 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. Consultant shall be compensated on a pro-rata basis for work completed up until
notice of termination.
7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in
performing the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.9 This Agreement,including the attachments incorporated herein by reference,represents the
entire agreement and understanding between the parties as to the matters contained herein,
and any prior negotiations,written proposals or agreements with regard to the subject matter
hereof between City and Consultant are superseded by this Agreement. Any amendment to
this Agreement shall be in writing,approved by City Council of City and signed by City and
Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS 3D CEOSERVICES, INC.
L
lloelw�
By: By:
ayor of the City of Redlands MER ES MURILL
Z-1-11 1"m .4 L"Z�L'
Jan Harrison President
ATTEST:
City-,Clerk. City,,of Rdlands
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EXHIBIT A
SCOPE OF SERVICES
AGREEMENT TO PROVIDE CONSULTING SERVICES
FOR HYDROGEOLOGIC SUPPORT,TECHNICAL ANALYSIS
AND REPORTING SERVICES
for the
CALIFORNIA STREET LANDFILL
SCOPE OF SERVICES
3D GeoServices understands that this Agreement is for the period January 1, 2006 through
December 31, 2007, to commence upon authorization from the City of Redlands (City). The
Agreement will require submittal of thirteen scheduled monitoring reports, including eight
quarterly and two annual water quality monitoring reports, and three bi-annual leachate sampling
reports to be included in selected groundwater reports, to the Santa Ana Regional Water Quality
control Board (SARWQCB). In addition, the agreement will require re-formatting and electronic
submittal of groundwater and leachate analytical data into the Geotracker database each quarter
as required by the State Water Resources Control Board. All supporting witnessing, supervision,
analyses, documentation and liaison as needed and described herein will be provided. 3D
GeoServices will follow an established format to provide consistency to the City's program and
ease SARWQCB review of the reports. This attachment describes the Agreement Scope of
Services for the 2006-2007 California Street Landfill (CSL) groundwater monitoring program.
Monitoring Support- 3D GeoServices understands that the City personnel collect the required
samples from the designated sampling locations and samples are submitted to Babcock
Laboratory for analysis. Leachate samples will be collected and delivered to the laboratory by
staff of 3D GeoServices,Inc. Monitoring support consists of tasks 1.1 through 1.8, (quarterly
groundwater monitoring reports for the first quarter of 2006 through the fourth quarter of 2007),
tasks 2.1 and 2.2 (annual 2006 and 2007 monitoring reports), tasks 3.1 and 3.2 (annual leachate
sampling and reporting in 2006-7), and task 4 (database maintenance for revised monitoring
system statistical analyses).
Tasks LI - 1.8, Quarterly Groundwater Monitoring Reports -During all monitoring
reporting periods, 3D GeoServices will review field notes and laboratory data in a timely fashion
so that data review is completed quickly and any required SARWQCB notification meets the
deadlines established in Order No. R8-2004-008. The data review will include:
• Providing technical and regulatory expertise to City staff.
• Review of all field notes to verify that proper sampling techniques were utilized.
• A thorough data quality check to verify that holding times,required analyses,
reporting limits and laboratory precision requirements have been met.
• Updating water level and groundwater quality data bases.
• Performance of a thorough quality control check on all data to verify that only
correct information is input into the data bases.
All sample analyses will be checked against sample collection dates to verify that holding times
were met. Analytical results will also be checked to verify that all required analyses have been
performed and that laboratory quality assurance results were within acceptable limits. Any
identified problems will be detailed in the quarterly reports.
The procedure for laboratory data entry includes manual transfer of data into the existing data
base. Water level information and field data will also be manually input. All data entered into
the data base will be checked to ensure that the data base is accurate. Laboratory reporting limits,
BPOs, and maximum concentration levels will be highlighted with bold font so that the reader
can easily discern potential problems.
Statistical analysis of the water quality data will be performed by 3D GeoServices. In addition to
the statistical analysis of metals surrogates and selected general minerals, selected volatile
organic compounds detected at the landfill since September of 1998 will be statistically analyzed
to establish "concentration limits equal to background concentrations" during this portion of an
extended evaluation monitoring period. VOC statistical analyses will be performed as data
quantity and quality permit for each compound of concern, on a per-well basis, using intra-well
methods as well as background-to-compliance comparisons. Charts and tables will be used to
illustrate VOC statistical findings.
The quarterly groundwater monitoring reports will include the following information:
• A transmittal letter containing an abbreviated summary, including discussions on
violations and any actions taken or planned.
• An executive summary of current monitoring results.
• A discussion of groundwater occurrence and movement, including hydrographs
for each well, a groundwater elevation contour map, and groundwater gradient
calculation.
• A discussion of groundwater quality, including field and laboratory methods,
statistical methodology and results, tabulated analytical results, copies of
laboratory reports and chain of custody forms, copies of field forms, and graphs of
constituents detected at concentrations exceeding intra-well statistical variances.
• Sludge chemical analyses.
• Conclusions, and as needed, recommendations.
• The procedure for laboratory data entry into the Geotracker database includes both
manual manipulation and electronic batch transfer of data into the State Water
Resource Control Board's Geotracker database. Water level information QA/QC
data will also be manually input. All data entered into the data base will be
checked to ensure that the data base is accurate.
Tasks 2.1 and 2.2,Annual Groundwater Monitoring Reports - The annual groundwater
monitoring reports will be prepared in combination with the first quarter(Winter) 2006 and 2007
quarterly reports. In addition to the requirements listed in Task 1, the following items will be
included in the annual reports:
• Groundwater monitoring well data summaries, including tabular and graphical
summaries of groundwater levels and sampling results for all annual data,
graphical presentation of groundwater constituents that equaled or exceeded BPOs
or maximum concentration levels during any quarter of the monitoring period, and
summary tables of vadose zone sample results.
• An annual summary, discussion and recommendations regarding the detection of
VOCs, and any statistical background concentration limits for VOCs which were
analyzed within the constraints of available data quality and quantity.
• A discussion of groundwater quality at the CSL, a discussion of vadose zone
quality and potential impacts to groundwater quality, and updated information
relating to the groundwater monitoring system and hydrog6ology of the CSL.
Tasks 3.1 and 3.2, Leachate Sampling and Reporting - As required in the permit, upon
the completion of the leachate collection and removal system and refuse disposal in the first
expansion cell, a sample of the leachate will be collected and analyzed for all EPA Appendix H
constituents in October, 2006 and 2007, and April 2006 and 2007. The results of these analyses
will be submitted in the second and fourth quarter groundwater monitoring reports for 2006 and
2007.
Task 4, Database Management- Each quarter, the existing database will be reviewed
and edited such that only data relevant to the current groundwater movement, quality and
hydrogeologic character is included for statistical analysis. A separate database will also be
maintained and updated as needed for historical trends.
Task 5, Landfill Expansion Support - 31)GeoServices will provide continued technical
support for the horizontal landfill expansion by providing documentation and certification for the
decommissioning of monitoring wells B-4B, B-5A, and B-5B. This task also includes project
management, field support and all required witnessing, supervision, documentation, and
reporting for the decommissioning of the monitoring wells.
Task 6, Other Tasks - 3D GeoServices will provide the City with general consulting
services in include all miscellaneous requests and technical support for all unforeseeable events
related to groundwater and surface water quality and protection at the CSL.
In order to meet the City's needs, and at the City's request, 3D GeoServices personnel will
answer any questions or issues the city, regulators, or general public may have regarding
groundwater and vadose zone quality at the landfill. The project team may identify modifications
that could improve the monitoring program for the City while minimizing costs; written
justification and possible presentations would be needed prior to obtaining regulatory approval
for changes in the program.
Deliverables - Deliverables will consist of memorandums, letter reports, text and faxed
information to be provided to City staff on a time and materials basis upon request. One draft
copy of each technical report will be submitted to the City's Solid Waste Manager for review.
After incorporation of the Oty's comments, two(2) bound copies of the final reports and one
digital report will be submitted for the City's use and distribution. In the case of the quarterly
and annual groundwater monitoring reports, three bound complete hard copies, and two stapled
hard copies of the executive summary. One copy of the final report digital file will be submitted
to the State Water Resources Control Board's Geotracker database for each of the quarterly and
Annual Reports - All field work will be personally attended and witnessed first hand by a
geologist currently registered in the State of California, who will then certify all technical reports
resulting from the work performed.
EXHIBIT B
PROJECT SCHEDULE
AGREEMENT TO PROVIDE CONSULTING SERVICES
FOR HYDROGEOLOGIC SUPPORT, TECHNICAL ANALYSIS
AND REPORTING SERVICES
for the
CALIFORNIA STREET LANDFILL
PROJECT SCHEDULE
The project consists of tasks which are to be completed during the period extending from
January 1, 2006 to December 31, 2007. Individual deadlines for the tasks described herein
are to be determined in accordance to the City's needs, and will be determined by the city,
and agreed and committed to by 31)GeoServices, Inc. during the course of the contract
period. This statement summarizes the schedule proposed by 31)GeoServices, Inc. for this
project.
EXHIBIT C
PROJECT FEES
AGREEMENT TO PROVIDE CONSULTING SERVICES
FOR HYDROGEOLOGIC SUPPORT,TECHNICAL ANALYSIS
AND REPORTING SERVICES
for the
CALIFORNIA STREET LANDFILL
PROJECT FEES
CATEGORY TASK TOTAL COST
MONITORING SUPPORT
1.1 Q1-2046 GWM Report, Geotracker $4,000
1.2 Q2-2006 GWM Report, Geotracker $4,000
1.3 Q3-2006 GWM Report,Geotracker $4,000
1.4 Q4-2006 GWM Report, Geotracker $4,000
1.5 Q1-2007 GWM Report, Geotracker $4,000
1.6 Q2-2007 GWM Report, Geotracker $4,000
1.7 Q3-2007 GWM Report, Geotracker $4,000
1.8 Q4-2007 GWM Report,Geotracker $4,000
SubtoW Task Y:Quarterly GWA(Repo r $32,000
2.1 Annual 2006 GWM Report $4,300
2.2 Annual 2006 GWM Report $4,300
+ 2"uk Arcl G � res �
3.1 Leachate Sampling (Apr-06,Oct-06,Apr-07) $1,200
3.2 Leachate Report (Q2-06,Q4-06, Q2-07) $900
ti*ic1�rtc rte # 04
4 - Database Maintenance(Statistical) $1,200
LANDFILL EXPANSION SUPPORT
Task 5.1 Decommissioning Certification (411,5A,5B) $4,500
Sam Task S:IAndt M Expau Support Km
OTHER TASKS
Subtotal Task 6: Other Tasks $10,000
TOTAL $58,400
EXHIBIT D
RATESCHEDULE
AGREEMENT TO PROVIDE CONSULTING SERVICES
FOR HYDROGEOLOGIC SUPPORT,TECHNICAL ANALYSIS
AND REPORTING SERVICES
for the
CALIFORNIA STREET LANDFILL
RATESCHEDULE
FOR
CITY OF REDLANDS
2006-2007 Hydrogeologic Support,Technical Analysis,and Reporting Service
Rate Schedule
Item Rate
Professional Personnel (P.E.,C.E.G., C.H.G., $100/hour
includes computer charges)
Subcontracted Professional Services, Supplies Cost plus 18%