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HomeMy WebLinkAboutContracts & Agreements_74-1995_CCv0001.pdf AGREEMENT This Agreement is made and entered into this 18th day of October, 1995 by and between the City of Redlands, hereinafter referred to as "City," and 3D GeoServices, Inc., hereinafter referred to as "Consultant." In consideration of the mutual promises, covenants and conditions hereinafter set forth, the City and Consultant agree as follows: Section 1. Engagement of Consultant. Consultant shall perform certain professional consulting services for City in connection with City's operation of its California Street Landfill. The specific services to be provided by Consultant are described in Attachment "A," attached hereto and incorporated herein by this reference. All services to be performed by Consultant under this Agreement shall be performed in a professional manner, and Consultant represents that it is skilled and has the professional expertise necessary to perform its services at the level of competency presently maintained by other practicing consulting firms performing the same type of work. Section 2. Responsibilities of City. City will provide Consultant access to information City possesses pertinent to the performance of Consultant's services. City will further provide access to and make all provisions for Consultant to enter upon City-owned property as required by Consultant to perform its work under this Agreement. Section 3. Period of Service. Consultant shall proceed with the services under this Agreement promptly and carry out the work diligently, in accordance with the schedule set forth in Attachment "A." Section 4. Payments to Consultant. A. Payments for the services in this Agreement shall be based on a time and materials basis at the hourly rates shown in Attachment "A," and shall in no event exceed the amount of thirty eight thousand two hundred ninety ($38,290) dollars. B. Consultant shall bill City within thirty days following the close of each month by submitting an invoice indicating the work performed. who performed the work, and the detailed cost of all work including backup material. Payments by City to Consultant shall be made within thirty (30) days after receipt and approval of Consultant's invoice, by warrant payable to 3D GeoServices, Inc. 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 should be addressed as follows: DJM-,091,E Consultant City of Redlands 3D GeoServices, Inc. Municipal Utilities Department 926 Alta Vista Drive Attn: Valorie Shatynski Altadena, CA 91001 P. O. Box 3005 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 addressed of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. Section 5. Insurance and Indemnification A. Consultant shall obtain and maintain during the period of its services policies of insurance having the following minimum coverage limits: Comprehensive general public liability: $1,000,000 in the aggregate and $500,000 per occurrence. Vehicle liability insurance: not applicable. Worker's compensation insurance: in accordance with State of California statutory limits, unless exempt (a letter explaining exemption is required) Concurrent with the execution of this Agreement, Consultant shall provide City with Certificates of Insurance evidencing compliance with the insurance requirements specified in this Agreement. City shall be named an additional insured in all insurance policies and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. B. Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from any and against all claims, loss, damage, charges or expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful or negligent act or actions, omissions or failure to act on the part of Consultant, its employees, agents and suppliers for whose acts or omissions any of them may be liable in the performance of the services described in this Agreement. Section 6. Attorneys' Fees. In the event any legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party shall, in addition to any costs or other relief, by entitled to the recovery of its reasonable attorneys' fees. Section 7. Assignment. Consultant shall not sublet or assign any of the services covered by this Agreement, except with the prior written approval of City and in strict compliance with the terms, , provisions and conditions of the Agreement. DJM709LE 2 Section 8. Drawings and Records. It is understood and agreed by and between the parties that all documents, records, drawings, and other Project documents developed by Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City if and when requested. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. Section 9. Independent Contractor. Consultant is for all purposes under this Agreement and independent contractor. All personnel provided by Consultant pursuant to the provisions of this Agreement shall be employed by Consultant 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. Section 10.-.,Termination. This Agreement may be terminated by City, without cause, upon notice to Consultant. Upon receipt of a termination notice, Consultant shall promptly discontinue all services affected (unless the notice directs otherwise), and deliver to City copies 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 this Agreement. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but no amount shall be allowed for anticipated profit or unperformed services. Section 11. Books and Accounts. Consultant shall maintain books and accounts of all project related payroll costs and all expenses and incidental expense. Books shall be available at all reasonable times for examination by City at the office of Consultant. Section 12. Entire Agreement. This Agreement represents the entire agreement between the parties hereto as to the matters contained herein. This Agreement may be amended only by written agreement signed by the parties hereto. Section 13. Governing Law. 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 City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS 3D GEOSERVICES, INC. Mayor, City of Redlands -P-r—esW nt Attest: City Clerk rk DJN4-09LE 3 ti 1v ATTACIMENT A PROPOSED SCOPE OF TASK Praieet I� �•�intinn The California Street Landfill is a Class III solid Waste landfill owned and City of-Redlands. The landfill is locate at the terminus of Nevada S gated by the and Alabama Stet, The landfill sen ices the City of Redlands,and i�between California Street City's waste generators do not include a significant industrial sector, therefore, the olid wasthe public. tes deposited.at the landfill are from a primarily residential and municipal � P waste stream. Recent changes in regulatory Policies regarding l resulted in unforeseen short-term deadlines for has ane e with three air and water protection programs. In light of the potential fid impact to the Ci of horse and quality regulatory obligations, a comprehensive assessment of all potential. re other foreseeable their schedules for compliance is recommended. The im nd' regulatory requirements and Owned landfills in San Bernardino County, has also resulted in the need ap for aeon of edall County- of landfill resources will be essential ,for the City's use in m `filed evaluation decisions related to the landfill, eking future budgeting and policy This scope of work is proposed to consist of five tasks, as summarized below; Task I. Evaluation Monitoring Program Task 2. Air Toxics Inventory Program } Task 3. RFQ and RFP for Air Task 4. Landfill .regulatory Comp ance Planting and Monitoring Task S. Landfill Resource Evaluation and Report Detailed descriptions of each task are found below. In addition, a tabulated estimate of ti materials, and all associated costs follows the task descriptions. A schedule showingme, dates for the tasks and interim milestones in Gantt clxart form is also included. completion proposed as a lump sum, ,not to be exceeded estimate for all estimate is increased at anY Point during the project at the Cis Should the sccof be request, 3D GeoServices will supply services at the same time and materials rates as the original estimate, Sue ori cr 3ees,Ji ChY of Redixtlde Prepow 95.2 Attachment A-l IIIA-Descrintians Task I. Evaluation Monitoring program Task I will Consist of Providing the City with regulatory liaison and advisementd assistance in negotiations with the Regional Water Quality Control Board for finalization and , an a Plan as required in Title 3 of the California Cade approval of the Evaluation Monitoring Regulations for water quality protection compliance. Cal rniof Task I will also consist of providing the City with assistance with the immediate implementation requirements Of the evaluation monitoring plan. Those elements needing immediate implementation include: 1-1 Preparation and submittal of the Final Evaluation Monitoring Plan for RWQCB approval. 1.2 Set up of a program for statistical groundwater data analysis as required in Title 23 Of the California Code of Regulations. 1.3 Design and implementation of a new groundwater sampling protocol(methodology and QA/QC)'known as the Sampling Methods Manual,for submittal to the RWQCB and for the training of field sampling personnel in this protocol. 1.4 Assist in conducting a field survey of operations procedures to ensure consistency and compliance with requirements related to enhanced landfill gas collection, monitoring well maintenance and Protection,hazardous materials storage and waste handling. compliance with the Re-niai'lon of the Evaluation Monitoring Plan is necessary to avoid a lack of Approval and impleme Regional Water Quality Control Board's reqwstfOr submittal under authority Of the Porter-Cologne Water Quality Act(Calffornia Water Code), and Tide 23 of the California Code OfRegulafions. Failure to COMPly with these requirements could result in. imposition of civil administrative liability in the amount of$l 000,00 per day ref failure to submit, and the issuance of a Cease and Desist order for the landfill. Task I Deliverables 31)Geoservices,jue. City of Redlands Propmal 45.2 Attachment A-2 y M a Task 1 deliverables will consist of a Protocol, including field QA/QC and samplmanual ing methodologies,an Iepverahleesso alter sampling memorandums and correspondenceso consist of operations procedures. as necessary to Provide assistance in the field survey o y One copy of the draft Sampling Methods Manual,exclusive of fi the City in a three-ring hinder for gores,will submitted to will be watermarked to that effect. review. The report will bye considered "Ihaf « and all pages Three copies ofthe Sampling Methods Manual will be submitted to the will be submitted in tree-ring binders far the Ci 's use. City. The report submitted to the Ci 's ty' The draft and final reports will be ty specifications regarding forma,and one digital copy,exclusive of cover and signature page,will be submitted on diskette in WordPerfect 6.0 for Windows for the Crty's archives and use. Task 2, Air Tonics Inventory Program Task 2 will consist of preparing an air toxics inventory plan to the South Coast Air Management District. This task will consist of the following elements: Quality 2.1 Review of available data and reports (includes a site visit). 2.2 Preparation of a draft Air Toxics Inventory Flan. 2.3 Preparation of a:Final.Air Toxics,inventory Plan. Submittal of the fir Toxics Inventory Plan is necess potential civil administrative liability imposed on the Ci sociated to avoid non-compliance and requirements cif Assembly Bill 28.2.2, and a recent directive issued by the South Cost the legislative ManagementDistrict It is possible that the SC.4 Cost�4ir Quality reporting, including rr l�� will require�e monitoring attdfor g potential risk assessment, aft,*r er reviewing the Plan,'however,planning for such contingencies will depend on the SCAQMD's review of`the Plan, which is 4-6 months in the future, An assessment of'the impact and potential included in Tasks 3, 4 acrd.5 of this proposed scope fwp ct of this Program on the City will be Task.2 Deiivergbies Task 2 deliverables will consist of dry and final copies of the Air Toxics Inventory Flan. One copy of the draft plan will be submittedto the City in a three-ringbinder plan will be considered " ft"and all pages will bye wat ed to that e#�Ffar easy review, The ect, 3D Gtosee"Jees.1 c'ty tit rt*r)*a4$rrI 9s2 Attachment A-3 4 a h Six copies of the finallan p will be submitted to the City. The plan(s) will t�submitted in a three-ring binder for the City's use. The draft and final plans will be submittb to the City's specifications regarding format,and one digital copy, exclusive of cover and signature submitted on diskette in WordPerfect 6.0 for Windows for the City's archives and page, will be t3' and use. Task I RFQ and RFP for Air Quality Consulting and Monitoring Task 3 will consist of the preparation of a Request for Qualifications, and a Request Proposals for air quality monitoring and consulting services in accordance to current for monitoring requirements. Upon receipt of the Statements of gulatory docurnentation and selectron of the tci qualified firms will be provided, hfications, assistance in a Federal qualifications-based selection criteria This task will consist of the fol with State ann accordance d ng elements: 3.1 Preparation of a Request for Qualifications 3.2 Review and ranking of Statements of Qualifications 3.3 Preparation of a Request for Proposals 3.4 Review and ranking of Proposals The scope of work to be Included in the RFP it necessw y toplan far phased compliance with Rule ]ISO], as required by the South coast Air Quality Management District. Future operation Qfthe landfill will depend on this compliance. Failure to comply with Rule 11501 could result in the imposition of civil administrative liabilities by the SC,4 QAM and the California Vanagennent Board, and the issuance ofpotential Cease and I.�esis Orders of and.� p froll Integrated pe roosts ns. Task 3 deliverables Task 3 deliverables will consist of one draft copy each of the RFQ and RFP,submitted to the City in letter-report (unbound)form, under cover of a memorandum wil considered "Draft" and all pages will be watermarked to that effect One digital I be copansmittal. The y will be submitted on diskette in WordPerfect 6.0 for Windows for the City's use in publishing the final requests. The City will also be provided documentation of the selection Process for the City's ty files. Task 4. Landfill Regulatory Compliance Plan Task 4 will consist of Providing the City with a regulatory compliance plan. The plan will conte the following elements. 4.1 A review of regulations,includingthose not yet imposed,and regulations presently in ftlrce,regulations in force, but gulations only partially imposed. 3o clr ;I ,tm clty of Redla I".2 Attachment A-4 i 4.2 A listing and schedule of all foreseeable mations which descriptions of the work necessary to comply with these apply ply the landfill, and gulations, 4.3 Identification of areas in which the determination of the Heid to comply me is not curre' ly in compliameand a 4.4 Preparation of a master(annualized)schedule for compliance and construction actions' actions, such as design operations actions,training,supervision and quality control, analytical testing and analyses,monitoring and reporting, and documentation. 4.5 Preparation of preliminary cost estimates for compliance in accordance rdance with the 4.6 Preparation of a draft Landfill Regulatory Compliance Plan. 4,7 Preparation of a final Landfill Regulatory Compliance Plan Task 4 will also consist of provi advisement as neves � the City with regulatory liaison, guidance, and easy to assistance with any immediate re Such services will be charged at the rates contained in thegulC Q Cory st requirements, Ps in this attachment. Estimate and Schedule A regulatory compliance list and schedule are essential for landfill management under t recent changes in local, state and federal regulations. New requirements contained in revisions he Title 23 and Title 14 of the California Code of Regulations contain detailed monitoring to reporting requirements for all aspects oflanditll design, construction, operations and envi�c�ing and ,protection. The Cali rnia Envlranmentctl nmental requirements associated with landfill lltyAct containnsjo?Ls extensive evaluation and reporting Phased enforcement SC4QMD also contain monitoring and repo ti g requ n#��air a of Rule 1156+1 by the a full understanding of these requirements q ty protection. Therefore, necessary for landfill management planning be d t their irel atIve time !e frames for enforcement is Y Task 4 Deliverables One copy of the draft plan will be submitted to the C' rev;ew. This submittal of the plan will be considered "U ' in a three-ring binders for easy that effect. raft" and all pages will be watermarked to Tbree copies of the final per►will be submitted to a three-ring binder for the City's use. anf the Cita'. The plans will be submitted in $'' The draft and fu7a1 plans will be submitted to the City's 3D��ire. M'°tkedk+a•tropooW 95s Attachment A-5 Rio _ specifications regarding format,and one digital copy, exclusive of cover and signattftPage, will be submitted on diskette in WordPerfect 6.0 for Windows for the City's archives and use. Task 5. Landfill Resource Evaluation and Report Task 5 will consist of conducting a landfill resource evaluation of the costs and benefits of landfill operation in light of current and regulatory impacts,operations and maintenance costs, reporting COsts, and expansion needs. This evaluation will incorporate the City's closure and post- closure cost estimates,assumed to have been estimated and provided for to the State's satisfaction. This evaluation is Primarily intended,however,to assist the City in annual and forecasted budgeting considerations, and for decision-making regarding landfill operations. The casts and benefits evaluation will be projected throughout the active life of the landfill(which includes the post-closure maintenance period)and will be given in present-value terms on an annualized basis,with the base case presentation given at the City's current tipping fee rate schedule. This task will consist of the following elements: 5.1 Review of landfill expenses and income. 5.2 Analysis of future landfill expenses. 5.3 Analysis of futurelandfill income. 5.4 Preparation of a cost-benefit analysis for closure after vertical expansion,and closure after vertical and lateral expansion at current tipping rates and projections. 5.5 Preparation of a cost-benefit analysis for closure after vertical expansion,and closure after vertical and lateral expansion, to determine tipping rate increases needed to cover costs(if necessary). 5.6 Preparation of a draft Landfill Resources Report. 53 Preparation of a final Landfill Resources Report. A landfill resources report is essential for landfill planning and budgeting for impacts imposed by recent changes in Neal, state and,federal regulations. New requirements contained in revisions to Title 23 and T'i`tle 14 of the California Code of Regulations contain detailed monitoring and reporting requirements for all aspects of landfill design, constructing operations and environmental protection. .The California Environmental Quality Act contains extensive evaluation and reporting requirements associated with landfill expansion. Phased enji5rcement of Rule 1150.1 by the SC.4Q D also contain monitoring and reporting requirements for air quality protection. fitieref`erre, a f dl understanding or,f`these requirements and their relative throe,frames for enforcement is necessary for landfill planning and budgeting for the active life of the landfill 30 Ceaserviets,Inc, City of rttdl.ad.Fropmai".Z Attachment A-6 kr Task 5 Deliverableg One copy of the draft report will be submitted to the City in a three-ring binders for 0 easy review. This submittal of the report will be considered "Draft" and all pages will be watermarked to that effect. Three Copies Of the final report will be submitted to the City. The reports will be submitted in a three-ring binder for the City's use. The draft and final reports will be submitted to the City's specifications regarding format,and one digital copy,exclusive of cover and signature page, uill be submitted on diskette in WordPerfect 6.0 for Windows for the City's archives and use. Cost Lump sum 538,290.00 (Not to Exceed). The above sum includes all hourly rates,Plus other direct and indirect costs associated with the tasks as described in their entirety in this Attachment. It is the City's tion t uest m gs Attachment, e s OpOsed for or other services related to, but outside the scope of this Attachr OP 0 req eetin project 3D GeoServices,Inc.recognizes that the City has a responsibility at th raw Pf this a cost-effective mann , to spend Public funds in and therefore Proposes to provide all non-administered direct costs and services, such as copying, mailing and phone calls,to the City at no additional Cost markup. The lump stun includes the detailed Personhours and direct costs contained in the Cost Estimate Work Sheet. Schedule A Proposed schedule for the completion of these services is provided as part of this Attachment and is included.According to the schedule,the project is Proposed to begin on October 18, 1995 and be completed by December 15, 1995. 30 Gtog"cM lim 0tv of Redtav&Pnq*W".2 Attachment A-7 Nouns mum NUNN ■Emmmom WEomnma ■EWM■ mom NEON nomnmm■ ■EMM■o■ ■■■O■ ■■■ ■mu■ ■■NN■N■ m■■■■o■ SOMME NEW OMEN BEER=== ■■■o■m■ Eamon ■■ ■■ MMmaW■■ ==mom== Mumma Ono MEMO NMMMMM■ mono=== N■■■■ mom ■ENE moon am ■=Mammo ON WNW NONE Mumnown WRwuOWn BEWmn MMM m■■■ ■MMMM■■ OMmmomm EmBE■ man moon ■■NOmmn ==woman ■■■E■ =ME SEES ■EMmmna ■■ono■■ Eamon =am MEMO aaNORM■ MaWMEoo ■mono mom oa MN■■MEM MMS=■■v BMmm© no Enno ■■■morn MOUSSE =mom Ono ■man Nonmmon NIMMUMMW ■W■n ONE ■■an RmMMmmm BE WORSE ■NnOM o■■ now WNW MEN WEUmmon ■ummm Ono SEEM Mmoonno ■ummmom MEM amom ■a■ MORMONS ■ommumm own N mum MOON EnmMnon momm©■ MMMMM WNW naves mmnoa woman a MOOR■ ■n■ EOE■ MMMMono Mumma M OWNER ■W■ MONO mmommo■ ■a■■■ ■ Unman ■R■ Woo■ ■■NONOM Mnom■ ■ ■ ■no== ■O■ Rana wommumm SERUM N ROME■ ONE Runs ■ROME■■ Woman ■ unum■ mom oMMU ■N■■NRn Nouns ■ Mason WNW Oman ■■W■mum Mown= n ■NWR■ mom now= ■Eaanom mom= ■■ ■■EOM sMs MMM= ■anowm , ■REN EO ■■Mos =am =Ono nmano■ ■MM■ OM BMMM mom ■■.a onWMMo oar nos ■nanM no M■o r■ WIMMmMaa No mono ' ■N■N■ m■■ no a ■NM■RN■ M■ MMMa _ NONE= ■Ma a a■ ■■■Mumm M ■a lm ■WEaa Mna ■ on ■Nommom a ■■■u■ WON MEM Munn NWMMM V M a a■MNn ■EEM■ ■■© Mann MM■MR ■ mommom SOMME on MMU■ ■m■u■ ■ MEEME■M am WIN ■RM mown onnow M ORMmMW ■U■MMEMM■ mono MMMM M asEMnE oONMM MMR Mmon ■Eon MnmmummE■ ■NORM mum aMUM mom WE Ono mom ■omw ■nO mass MN ■NM■ ■musnow woman own MU=M a mumW ■anon■■ woman M WMono ■ ■MER■ MNEONMM LION■■ ■ a Moon ■ ■EMR■ Ono=MMM Er3uMM ■E mono N ■EMR■ ommommm ■DoE■ no Oman ■■■OE■ ■nnommo tia ■E as ■Eo ■■■■■■ mmummmm pp Y 1 - v✓ ..�a.+.r�rw lt.GJ 11`V, t-Hl7G � PMPOW for cowma One Lum CaNfprny SbMt LandM pi*c PMPowd Catat■sfltnafs ��� P+fflslPai ($iorihw� f+tYMsrar Sub- O#w How'* Cosh Task DOWAptkm $HoornCoab Hours Calfs 00"W" axraat PWTank Par Teak Card Caab ask 1: Evaimoon tarn ' ' F Evaluatbn Monkpnm pWm 47 $3.380 0 SO t-2 strsMS!O_ Purohow A Trwtg 4 4 33,300 l_J 3 24 ' 0 S1 1aD S1.420 1.� FWW Su �L :1 926 0 24 $1920 24 51.920 Y.. rti�r _ w■ �h _ - ask 2: Air To des inventory prourem !� 2.t Avokbit Data&RSSM a 12 4 2." 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