HomeMy WebLinkAboutContracts & Agreements_17-1997_CCv0001.pdf AGREEMENT TO FURNISH
HYDROGEOLOGIC AND REGULATORY COMPLIANCE SERVICES
FOR THE CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this 4th day of February, 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 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 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 - 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.
33 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
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
$15,000 in accordance with Attachment shpay all
Schedule.
t on a time and
materials basis at the hourly rates shown in Attachment D
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:
City Con
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
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-
L,
6 -INSURANCE AND INDEMNIFICATION
6.1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain
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atory Compliance Services
Hydrogeologic and Regul
3D GeoServices,Inc.
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 ppea e insurance
ing the
Services required by this Agreement. Said public liability and property g
shall be in a minimum combined single limit of$500,000, and in the aggregate. Consultant
shall maintain comprehensive automobile liability insurance with a combined single limit
of$1,000,000 for bodily injury and property damage. 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 attorney
the
7.2 Consultant shall not assign any of the Services reuiedby thiswith the terms, pro vsionshand
prior written approval of City and in strict compliance
conditions of this Agreement.
7.3 Consultant's key personnel for the Project are:
Project Manager: Mercedes Murillo, R.G., C.E.G.
Research Assistant: Patti Costa, P.E.
Engineering Review: David R. Bachtel,P.E.
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Hydrogeologic and Regulatory Compliance Services
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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
nty upon completiont pursuant to this
Agreement shall become the property of City andshall be delivered to Creuse of such documents for other projects
of the Services or upon the request of City. Any
and any use of incomplete documents will be at City's sole risk.
employed
7,5 Consultant is for all purposes an independent went shall Consultant orntractor. All personnel
any personnel
Consultant are for its account only, and in no e
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 r below,
this Agreement shall terminate upon
completion and acceptance by City of the
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 Consltoant! compensationf aned serviced
be made,but(1)no amount shall be allowed for anticipatedprofit
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
tolCpromopi s(in both hard copy services
and
affected,and(2)deliver or otherwise make availableydrawings,
electronic form, where applicable), of any data, design calculations,
specifications, reports, estimates, summaries andsuch
htother
Services es and
iced i l as
may have been accumulated by Consultant in performing
Agreement.
7.10 Consultant shall maintain books and accounts of all Project timesexamination by
related
xcosts
and all
the City
expenses. Such boobs shall be available at all reasonable
at the office of Consultant.
Bement, including the attachments incorporated herein by reference, represents the
7.11 This Agr
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Hydrogeologic and Regulatory Compliance Services
3D CxeoServices, Inc.
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
ans tant.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.
("City") ("Consultant")
By:
B '
4MERDItEURIL
SWEN LARSON president
Mayor
ATTEST:
City ' rk, City, .lands
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HYDROGEOLOGIC AND REGULATORY SERVICES
ATTACHMENT A
SCOPE OF WORK
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ATTACHNiMNT A
SCOPE OF SERVICES
Services to Be Provided
This scope of work consists of the provision of technical report review and hydrogeologic
support associated with groundwater evaluation and detect ion monitoring. Such support will
include regulatory agtncv liaison and consulting to provide an understanding of regional and
local groundwater issues related to conditions at,the CSL. This Scope specifically consists Of
evaluating four chemical and physical groundwater monitoring data and reports on a quarterly
basis, as well as any other technical reports which contain hydrogeologic-related issues. Finally,
this scope consists of the finalization of the draft"Monitoring Well Completion Report" for
Monitoring Wells B-I A and B-10, which were installed by 3D 43toServices in late 1995.
This Scope is intended to provide the City with experienced,third party oversight to facilitate an
end to the Evaluation Monitoring Program (ENIP) currently in effect at lie CSL and to negotiate
a revised Detection Monitoring Program (DMP) with the Regional Water Quality Control Board,
Santa Ana Region(SARWQCB).
Deliverables
This Scope includes the provision of deliverables, to consist of memorandums,let= reports, text
and faxed information to City staff on a time and materials basis upon request In addition, five
final reports(including one in unbound form) will be submitted to the City for the draft
-Monitoring Well Completion Report"for CSL monitoring wells B-1A and B-10 installed in late
1995. All technical engineering, geologic and hydrogeologic reports will be certified by a
Geologist or a Professional Civil Engineer registered in the State of California.
Attachment A-1
HYDROGEOLOGIC AND REGULATORY SERVICES
ATTACHMENT B
PROJECT SCHEDULE
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ATTACHMENT B
PROJECT SCHEDULE
The services described herein are proposed to be provided during the 1997 calendar year, to coincide
with the annual groundwater quality reporting period established for the CSL by the SARWQCB.
All work-will be provided according to individual deadlines to be determined by the City during this
period.
Attachment B-1
HYDROGEOLOGIC AND REGULATORY SERVICES
ATTACHMENT C
PROJECT FEE
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ATTACIELMENT C
FEE
This work will be billed on a time-and-materials basis in accordance with our Rate Schedule,
Attachment D. This includes all hourly rates, plus other direct and indirect costs associated with the
proposed services described in this proposal. The fee for this scope of work for Hydrogeolic and
Regulatory Services for the 1997 Calendar Year, California Street Landfill, City of Redlands,
Califorcia is S 15,000-00. These charges will not be exceeded without the City's written
authorization.
Attachment C-I
HYDROGEOLOGIC AND REGULATORY SERVICES
ATTACHMENT D
RATE SCHEDULE
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ATTACH LENT D
RATE SCHEDULE
Hourly rates for professional personnel and other costs consist of the following:
Staff Rates
Staff Personnel R.-ate
Mercedes A. Murillo. C.E.G.
$80.00 per hour
Patti Costa, P.E. $80.00 per hour
David R. Bachtel. P.E.
. ...... 580.00 per hour
-Rate Schedule
Item Rate
Professional Personnel(P.E. or C.E.G.) 580.00 per hour
Subcontracted Professional Services, Supplies Cost plus 12%
Professional
of
Subcontracted
and Direct Costs Cost
(Copies, long distance telephone
charges, special order office supplies,
slide preparation,report and other
presentation media, other direct costs)
Attachment D-1