HomeMy WebLinkAboutContracts & Agreements_65-1997_CCv0001.pdf AGREEMENT TO FURNISH
GROUNDWATER MONITORING PROGRAM
ANALYTICAL AND REPORTING SERVICES
FOR THE CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this 5th day of August, 1997 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and 3D GeoServices, Inc., (hereinafter
"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 hydrogeologic consulting services("Services")for the Groundwater Monitoring
Program Analyses and Reporting for the City's California Street Landfill(the"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 -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-Darned
property as required by Consultant to perform the Services.
3.3 City designates Valorie Shatynski, Solid Waste Manager, to act as its representative with
respect to the Services to be performed under this Agreement,
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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
1 Thetotal compensation for Consultant's performance of the Services shall not exceed
$410W.00, 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:
Ci1y Consultant
Valorie Shatynski 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
Vti�ien 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.
AR'T'ICLE 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.
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Groundwater Monitoring Program Analytical and Reporting Services
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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.
Data Base Management: Anne Saffell, C.II.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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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 tennination 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.
IN V l INESS NNTI-IEREOF,duly authorized representatives of the City and Consultant have signed
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in confirmation of this Agreement.
City of Redlands 3D GeoServices, Inc.
("Cit }
" ("Consultant")
("City")
By: y
SWEN LARS(3N MERCEDES MIIRILL
President
Mayor
ATTEST:
mit lark>, City ;lar ds
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GROUNDWATER MONITORING PROGRAM
ANALYTICAL AND REPORTING SERVICES
ATTACHMENT A
SCOPE OF WORK
Attachment A - Scope of Work
3D GeoServices understands that this agreement is for the calendar year 1997,to commence upon
authorization from the City of Redlands (City). The agreement will require submittal of three
quarterly monitoring reports to the Santa Ana RWQCB. 3D GeoServices will follow an established
format to provide consistency to the City's program and ease RWQCB review of the reports. This
attachment describes the agreement scope of work for the California Street Landfill (CSL)
groundwater monitoring program.
Task 7 - Quarterly Groundwater Monitoring Reports-311)GeoServices understands
that the City personnel collect the required samples from the designated sampling locations and
samples are submitted to Babcock Laboratories for analysis. 3D GeoServices will review field notes
and laboratory data in a timely fashion so that data review is completed quickly and any required
RWQCB notification meets the deadlines established in Order 93-57. 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.
Statistical analysis of the water quality data will be performed by 3D GeoServices. The quarterly
groundwater monitoring reports will include the following information:
* An executive summary of current monitoring results
• A brief description of the purpose and scope of the groundwater monitoring program
• A background discussion on site operations, landfill waste description and disposal volumes,
P hysical setting, and related studies at the CSL
• 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 Basin Plan Objectives (BPOS)
* Sludge chemical analyses
* Groundwater levels and chemical data for the Church Street Burn Site
• Conclusions and recommendations
Attachment A-2
Attachment A - Scope of Work
Task 2 - 1997 Annual Groundwater Monitoring Report-An annual groundwater
monitoring report will be prepared in combination with the fourth quarter (Fall) 1997 report. In
addition to the requirements listed in Task 1, the following items will be included in the annual
report:
• Groundwater monitoring well data summaries, including tabular and graphical summaries
of groundwater levels and sampling results for all 1997 data, graphical presentation of
groundwater constituents that equaled or exceeded BPOS or maximum concentration levels
during any quarter of 1997, and summary tables of vadose zone sample results
• 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 hydrogeology of the CSL.
Task 3 - Laboratory Data Entry and Quality Check-The procedure for laboratory
data entry includes manual and electronic transfer of data into the existing data base. All electronic
data are checked to verify that correct formats have been generated and correct information is present
on the electronic disks. After electronic data are verified, the data are transferred into the data base
and the information is checked to ensure that the data base is accurate. Data management specialists
will manually input water level information and laboratory data not available in electronic format;
100 percent of the data will be checked to verify accuracy.
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. Laboratory reporting limits, BPOs, and maximum
concentration levels will be highlighted with bold font so that the reader can easily discern potential
problems.
Task 4 - General Consulting and Regulatory Compliance Assistance
Services - 3D GeoServices will provide the City with general consulting services to assist in
strategic planning for the CSL. While performing this task, 31) GeoServices will work closely with
the City's project manager and sampling technicians, forming a cohesive extension of City staff.
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.
Attachment A-
Attachment A - Scope of Work
If a release is tentatively identified at the landfill, the City is required to immediately notify the
RWQCB verbally and within 7 days by certified mail. 3D GeoServices will assist the City with
these notifications so that the RWQCB is kept apprised of site conditions. 3D GeoServices will also
keep the City informed of any potential regulatory changes that could impact the landfill monitoring
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 groundwater monitoring report will be submitted to the City for review. After incorporation
of the City's comments, eight bound copies, one unbound reproducible copy, and one copy of the
final report in electronic format will be submitted to the City for each of the Second, Third and
Fourth Quarterly and Annual Reports. All technical reports submitted will be certified by a geologist
currently registered in the State of California.
Attachment A-4
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GROUNDWATER MONITORING PROGRAM
ANALYTICAL AND REPORTING SERVICES
ATTACHMENT B
PROJECT SCHEDULE
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GROUNDWATER MONITORING PROGRAM
ANALYTICAL AND REPORTING SERVICES
ATTACHMENT C
PROJECT FEE
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GW Mon97 Cost
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Attachment C ---
-- Groundwater Monitoring Program Reporting Fees -
-�— California Street Landfill
Mercedes Murillo- Anne Saffell-CHG Ernesto Rodriguez Mali I
CEG($80/hour) ($80/hour) CAD($65/hour) Repro Hours Cost
— Task Description Hours Casts Hours Costs Hours Costs Casts Per Task Lfia�sTask 1 -Ctuarteriy Monitoring Reports . $10,000 21.0 $1,880 21.0 $1,385 $1,170 167.025.1 $2,008 10.0 $800 12.0. $780 47.1Task 2-Annual Groundwater Monitoring Report 80.0 $4,800 80.0• $4,800 OA• $0 1200ry Data Entry and Gluality Check 177.7
Task 4-Genesi ConsultinglRegulatory Compliance Services 177.7 $14,218 0.0, $0 O.Oi $0
3 11 87.8' $3t,024 91.0 $7,280 33.00+ $2,t45 $t,tTO 51t.8 $4t,6t9
To#at
Attachment C-t
GROUNDWATER MONITORING PROGRAM
ANALYTICAL AND REPORTING SERVICES
A'T'TACHMENT D
RATE SCHEDULE
Attachment D
Groundwater Monitoring Reporting Program
Rate Schedule
{
Rein
Rate
Professional Personnel (P.E., C.E.G., C.H.G.,
580.00 per hour
includes Computer Charges)
CAD Operator(includes CAD/GIS Equip) $65.00 per hour
Subcontracted Professional Services, Supplies Cost plus 15%
Miscellaneous Out of Pocket Expenses
Cost
(Copies,long distance telephone
charges,special order office supplies,
slide preparation, report and other
presentation media, other direct costs)
f
Attachment D-1