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HomeMy WebLinkAboutContracts & Agreements_116-2000_CCv0001.pdf AGREEMENT WITH 3D GEOSERVICES,INC. TO PROVIDE HYDROGEOLOGIC CONDITIONS IDENTIFICATION,ASSESSMENT, AND MONITORING SUPPORT SERVICES FOR THE CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 7"day of November 2000 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 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 hydrygeologic consulting services("Services'")for the City's California Street Landfill located at 2151 Nevada Street, Redlands, California(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 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-oNNned property as required by Consultant to perform the Services. 3.3 City designates John Davis, Acting Solid Waste Manager, to act as its representative with respect to the Services to be performed under this Agreement. 1 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 2 OF 15 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 $28,500 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: C._it v` Consultant Gary Phelps Mercedes Murillo, President Municipal Utilities Department 3D GeoServices, Inc. 35 Cajon Street 26042 Mirage Court P.O. Box 3005 Moreno Valley, CA 92555 Redlands, CA 9237') 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 2 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 3 OF 15 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, 62 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. QAJQC,Data Base Management: Anne Saffell, C.E.G., C.H.G Technical Analysis & Reporting- Mercedes Murillo, R.G., C.E.G. Economic Software Management: Horacio Ferriz, PhD., C.E.G., C.H.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. Anv reuse of such documents for other projects 3 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 4 OF 15 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. 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. 4 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 5 OF 15 IN WITNESS WHEREON, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands 3DGeo Services, Inc. ("City") ("Consultant") : By. By: PAT GILBREATH MER DES MU O Mayor President ATTEST: Ci lerk, City& elands ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 6 OF 15 AGREEMENT WITH 3D GEOSERVICES, INC. TO PROVIDE HYDROGEOLOGIC CONDITIONS IDENTIFICATION, ASSESSMENT,AND MONITORING SUPPORT SERVICES FOR THE CALIFORNIA STREET LANDFILL ATTACHMENT A SCOPE OF WORK 6 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 7 OF 15 3D GeoServices understands that this Agreement is for the fiscal year 2000-2001,to commence upon authorization from the City of Redlands (City). The Agreement includes four tasks: 1. researching the existence of, and determining of environmental impacts from, a potential confined groundwater zone within the lateral expansion area 2. providing an informal groundwater quality presentation and technical support for the City's negotiations over the impacts from the Crafton-Redlands TCE and perchlorate plumes 3. providing a formal presentation to the Santa Ana Regional Water Quality Control Board requesting groundwater assessment monitoring under the Federal Code of Regulations in lieu of corrective action under the California Code of Regulations 4. providing technical support,reporting services,and field oversight for installation of four monitoring wells,support for the collection of analytical data from selected local existing monitoring and supply wells adjacent to the CSL, and for the abandonment and replacement of monitoring well B-413. These services include all hourly rates, plus other direct and indirect costs associated with these services. Task 1 - Impact Assessment of Potential Confined Groundwater Conditions within the Expansion Area - The regional potential for confined groundwater conditions has been historically published as potentially existing within the CSL expansion footprint. Locally, this condition has not historically been documented; however one existing data point indicates the presence of a potentially confining member which might become active should groundwater rise above expected levels. Expansion permitting and design requirements,therefore,dictate that local hydrogeologic conditions should be locally updated with the most recent available data,and should potential confined conditions be found,thoroughly assess any impacts they may have on the expansion design. Task 1 consists of reviewing all published references for the Bunker Hill Basin Pressure Zone, and updating historical interpretations of this feature with local geologic borehole information, and the most recent regional data points available from the City of San Bernardino MWD. If data permits, hydrogeologic cross-sections will be constructed to correlate any potential confining members across the expansion footprint. From this information, 3D GeoServices will provide a defensible opinion as to whether such confined conditions would or would not impact the proposed expansion design. This information will also be included in the Hydrogeologic Characterization Report and JTD (existing Tasks land 3), to more completely support the CEQA and permitting processes. Task 2 - Informal Presentation and Technical Support for Crafton- t ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 8 OF 15 Redlands Plume Impacts-The City has been impacted by the Crafton-Redlands TCE and perchlorate groundwater contamination plumes. Part of these impacts involve encroachment on the CSL,as detected by the groundwater monitoring system under California Code of Regulations,Title 27 criteria. Although the contamination is being mitigated downgradient of the landfill at the leading edge, and is overseen by the Santa Ana Regional Water Quality Control Board, cleanup levels imposed on these plumes exceed the Title 27 detection criteria, and required mitigation does not include the CSL area. These regulatory discrepancies have imposed environmental and fiscal impacts on the Citv's landfill facility, which need to be addressed with the responsible parties. Task 2 consists of providing an informal presentation identifying these impacts to the responsible parties, and providing ongoing technical support for negotiations between the City and responsible parties for mitigating and recompensing the City's losses. Task 3 - Formal SARWQCB Presentation, Technical Support & Coordination- The City is in the process of collecting sufficient groundwater quality data to determine the source(s)of several contaminants detected at the CSL during the past two years. Title 27 of the California Code of Regulations has jurisdiction over this process, but does not allow for a sufficient evaluation period to make these determinations before forcing the CSL into a corrective action program which potentially assigns the City an assumed liability for the contamination. Staff of the Santa Ana Regional Water Quality Control Board recognize this problem, and have recommended pursuing an extended assessment period under Part 258 of the Federal Code of Regulations. Since this type of request has no precedent,Board staff has suggested that the City and Board staff,jointly and formally present the CSL's groundwater quality situation to the Board and request a Board action to grant such a procedure. Task 3 consists of the preparation of a PowerPoint'presentation of groundwater quality conditions at the CSL, to be reviewed and finalized by Board staff. Task 7 also provides for coordination of the presentation with the City's Solid Waste and Municipal Utilities Management, as well as legal counsel for the City and State Water Resources Control Board, in order to ensure a complete, understandable, and persuasive presentation. Finally, Task 7 provides for technical support and liaison to obtain reasonable technical criteria and a time frames for establishing the sources for the detected contamination. Task 4 - Installation of Four Groundwater Monitoring Wells and Abandonment and Replacement of Monitoring Well B-4B - The Santa Ana Regional Water Quality Control Board staff has requested that the City collect additional data of sufficient quality and quantity to more conclusively establish the source(s)of several groundwater contaminants detected at the CSL. Board staff specified that the City determine the number and 8 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 9 OF 15 location of additional monitoring wells to be installed to collect this data, and also that the City obtain groundwater analytical data from local existing monitoring and supply wells owned by other parties to supplement the existing database. The City has also determined historical detections in monitoring well 13-413 are not in character with other compliance monitoring points, nor with the results of lysimeter monitoring at the landfill. It is currently hypothesized that the close proximity of monitoring well B-413 to adjacent refuse may itself be creating a point of landfill gas condensation and subsequent migration into the groundwater. Since groundwater quality downgradient of the landfill is on public record as being adversely impacted by parties other than the City, it is now possible to pursue the relocation of monitoring well 13-413 in an easement offof California Street on property owned by the City of Riverside. Task 4 consists of the provision of specifications for the installation of three new groundwater monitoring wells(Wells B-12,B-13 and B-14),and a submittal for SARWQCB approval of the well designs and installation procedures. Task 4 also provides for a separate set of specifications for the installation of one groundwater monitoring well (B-11), combined with the abandonment and replacement of monitoring well 13-413, currently scheduled for implementation in early 2001 (or as soon as budgeting permits), and a submittal for SARWQCB approval of the well designs and abandonment and installation procedures. Task 4 provides for the technical support to obtain permission and access to selected local monitoring and supply wells to obtain quarterly analytical data for groundwater quality monitoring and reporting. Task 4 also provides for technical descriptions, including mapping and photographs as requested by the City to obtain an easement for the installation and monitoring of a replacement for monitoring well 13-413. Task 4 also provides for field oversight as necessary to coordinate the final locations, access requirements, geologic logging, required supervision and documentation of all associated field activities. DefiverableS - 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. Up to three copies of any draft text or report,and five copies of any final text or report will be submitted to the City and their designated consultants or agencies. All CAD drawings will he provided in AutoCad 2000-compatible format (AutoSketch 7.0 or greater). All technical reports submitted will be certified by a geologist currently registered in the State of California. 9 ASSESSMENT AND MONIT©RING AGREEMENT 3D GEOSERVICES INC. PAGE 10 OF 15 AGREEMENT WITH 3D GEOSERVICES,INC. TO PROVIDE HVDROGEOLOGIC CONDITIONS IDENTIFICATION, ASSESSMENT,AND MONITORING SUPPORT SERVICES FOR THE CALIFORNIA STREET LANDFILL ATTACHMENT B PROJECT SCHEDULE 10 Amended Attachment B Addendum to Hydrogeologic Support,Technical Analysis,and Reporting Services Schedule California Street Landfill Task F:owm ouaMr 2000 First Geuhtr 2001 Second ywrior Mt Third QyaMr 2001 troc .an Fet1 Vat Apr May _un Ju T. Sep Task 1-Assess Potential Confined Conditions Task 2-Crafton Redlands Plumes Impact - - Presentation&Support - Task 3-Formal RB Presentation,Technical P Support&Coordination Task 4-Monitoring Well Replacement and g12.�aI B-4R r - installation,Offsite Monitoring - - Attachment 8-t ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 12 OF 15 AGREEMENT WITH 3D GEOSERVICES,INC. TO PROVIDE HYDROGEOLOGIC CONDITIONS IDENTIFICATION, ASSESSMENT, AND MONITORING SUPPORT SERVICES FOR THE CALIFORNIA STREET LANDFILL ATTACHMENT C PROJECT FEE 12 Amended ac men Addendum to 2000-2001 Hydrogeologic Support, Technical Analysis,and Reporting Services Fee Schedule California Street Landfill Mercedes Murillo EG Anne 5affeil HG Horacio Fenix PhD, HG ($90/hour) (S901hour) ($1301hour) Hours Direct per Remaining Task Description Hours Costs Hours . Costs Hours Costs Costs Task Costs per Task Budget Task 6 -Assess Potential Confined Conditions a- Report Review. Research 8i $720 01 $0 411 $520 $0 12 $1,240 $1,240 b. H dro eoloc�ic Evaluation 24i $2,160 Oi $0 16; $2,080 $0 40 $4,240 $4,240 c. Reporting 1611 $1,440 0' $0 Oi $0 $0 16 $1,440 $1,440 Subtotal Task 6 48 $4,320 01 $0 20 $2,600 $0 68 $6,920 $6,920 Task 7-Crafton Redlands Plumes Impact i Presentation 8 Sup ort a- Informal Presentation 1611 $1,440 Oi $0 Oi $0 $0 16 $1,440 $1,440 b. Technical Support.Meetings 2011 $1,800 Oi $0 Oi $0 $0 20 $1,800 $1,800 Subtotal Task 7 36 $3,240 0 $0 0 $0 $0 36 $3,240 $3,240 Task 8-Formai RB Presentation,Technical Support 8 Coordination 11 a. Presentation Preparation 40; $3,600 0 $0 0' $0 $0 40 $3,600 $3,600 b. Support 8 Cit 1 RB Coordinalion 32 $2,880 01 $0 0' $0 $0 32 $2,880 $2,880 Subtotal Task 8 72 $6,480 0 $0 0 $0 $0 7211 $6,480 $6,480 Task 9-Monitoring Well Replacement and Installation,Offsite Monitoring ' i a. MW 12, 13, 14 Specs 811 $720 O i $0 011 $0 $0 8 $720 $720 4 MW 12, 13, 14 RBA (oval 121 $1,080 OiOi $0 $0 12 $1,080 $1,080 c. MW 12, 13. 14 Field Su ort' 24i $2,160 01 Oi $0 $0 24 $2,160 $2,160 d. MW 11,B-48 Specs 16, $1,440 O1 03 $0 $0 16 $1,440 $1,440 e. MW 11, 8-46 RBApproval 12! $1,080 0' 0! $0 $0 12 $1,080 _ $1,080 f. MW 11.B48 Field Support', B4 B Easement 30�-`$2,700 Oi 01 $0 $0 30 $2,700 $2,700 g. Offsile Monitoring Coordination 30' $2,700 0 Oi $0 $0-30- $2,700 $2,700 Subtotal Task 9 132 $11,880 0 $01 0 $0 $0 132 $11,880 $11,880 Total 288 $ 25,920.00 0 : - 20 $ 2,600.00 $ - 308 $ 28,520.001 $28,520.00 ASSESSMENT AND MONITORING AGREEMENT 3D GEOSERVICES INC. PAGE 14 OF 15 AGREEMENT WITH 3D GEOSERVICES, INC. TO PROVIDE HYDROGEOLOGIC CONDITIONS IDENTIFICATION,ASSESSMENT, AND MONITORING SUPPORT SERVICES FOR THE CALIFORNIA STREET LANDFILL ATTACHMENT D RATESCHEDULE 14 ASSESSMENT AND MONITORING AGREEMENT 3D GEGSERVICES INC. PAGE 15 OF 1 Attachment D 2000-2001 Hydrogeologic Conditions Identification,Assessment and Monitoring'Support Rate Schedule Item Rate Professional Personnel P.E., C.E.G., C.H.G., $90.00perhour includes computer charges) E pert C)pinion Personnel(PhD., includes $130.00 per hour computer charges Subcontracted Professional Services, Supplies tcost plus 18% 1