HomeMy WebLinkAboutContracts & Agreements_59-96_CCv0001.pdf AGREEMENT TO FURNISH HYDROGEOLOGIC CONSULTING SERVICES
FOR CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this 2nd day of July, 1996 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Camp Dresser & McKee, 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 here-by engages Consultant, and Consultant hereby accepts the engagement,to perform
hydrogeological consulting services(the"Services") for the City's California Street Landfill
Groundwater Monitoring and Reporting System (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 "Proposal, dated June 6, 1996," which is attached hereto and
incorporated herein by this reference.
ARTICLE 3 - RESPONSIBILITIES OF CITY
1.1 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.
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.
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 A.
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ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$27,461. City shall pay Consultant on a time and materials basis at the hourly rates shown
in Attachment A - Cost Breakdown.
5.2 Consultant shall bill City within ten days following the close of each month by submittino,
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 Consultant
Valorie Shatynski Richard W. Corneille,P.E.
Municipal Utilities Department Camp Dresser& McKee, Inc.
35 Cajon Street 2920 Inland Empire Blvd., Suite 108
P. O. Box 3005 Ontario, CA 91764-4802
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.
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 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
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commencing the Services.
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6.2 Consultant shall indemnify,hold harmless and defend City and its eluted 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 is Theodore A. Johnson, C-HG. Consultant agrees
that Mr. Johnson shall be made available and assigned to the Project, and that he shall not
be replaced without concurrence from City.
databases and other Project documents developed by the Consultant
7.4 All documents, records, drawings, designs, costs estimates, electronic data files and
pursuant
Agreement shall become the property of City and shall be delivered to City upon completion to this
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.
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{ 3p)
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
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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 termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant.
i 7.9 Upon receipt of a termination notice, Consultant shall1affected,and � )promptly discontinue all services
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(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 WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands Camp Dresser& McKee, Inc.
("City") ("Consultant")
By:
SWENa
vor LARSON
Mayor RICHARD W. CORNEILLE , P.E.
Vice President
ATTEST:
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CDMCamp Dresser & McKee Inc.
environmentat 430 North Vineyard,Suite 310
services Ontario,California 91764
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909 986-6811 Fax:909 984-9328 ATTACHMENT A
June 6,1996
Ms.Valorie Shatynski
Solid Waste Manager
Municipal Utilities Department
City of Redlands
P.O. Box 3005
Redlands,CA 92373
Dear Ms.Shatynski:
Camp Dresser&McKee,Inc. (CDM)is pleased to submit this letter proposal to prepare
two quarterly groundwater monitoring reports, an annual groundwater monitoring report,
and an annual Evaluation Monitoring Program report for the California Street Landfill.
Other optional tasks include a quality check of laboratory data and general consulting
services. Details of these tasks are presented below:
Task 1-Third and Fourth Quarter 1996 Groundwater Monitoring Reports
Groundwater monitoring reports will be prepared by CDM based on the field notes and
laboratory data collected by the City of Redlands(City). The following scope of work will
be performed in the preparation of each report:
• Incorporate the new information into the data management system CDM has
established for the California Street Landfill using the Microsoft Excel and Access
computer programs. This data management system was initiated in the first
quarter 1996,and is available to the City upon request. It is our understanding
that there will be four episodes of groundwater sampling per quarter,and that
the samples will be analyzed for the 47 organic constituents in 40 CFR,Part 258,
Appendix I,for general minerals and miscellaneous (alkalinity,calcium,chloride,
COD, EC,hardness,iron,manganese,magnesium,nitrate,PH,potassium,
sodium,sulfate,and TDS),and for metals(arsenic,copper,lead,selenium,and
zinc). CDM will assume that the laboratory results will be provided to us in both
paper and digital format so that manual data entry will not be required,and that
the City has performed a thorough data quality check to ensure that holding
times,the required analyses,reporting limits,and laboratory precision
requirements have been met. If the City would prefer CDM to perform the data
entry and quality check,please refer to Optional Task 4.
■ Perform statistical analysis(non-historical)of the monitoring well groundwater
samples for indications of potential landfill releases,as required by the Regional
Water Quality Control Board-Santa Ana Region(RWQCB-SA). Results for
background wells will be compared to those from site monitoring wells
(compliance wells) to see if there are statistically significant differences. A
discussion of the statistical analysis and conclusions,along with appropriate
worksheets,will be presented in each quarterly report.
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'DM Camp Dresser c Mc
lee Inc.
Ms. Valorie Shatynski
June 6, 1996
Page 2
■ Update the water level database with City-measured depths to water. Calculate
contour map to be presented in each quarterlygroundwater elevations from this data,and prepare a groundwater elevation
eport. As required by the
RWQCB-SA,the data from the last month of each quarter(September and
December)will be used to calculate groundwater elevations and prepare the
map. The approximate groundwater flow direction and gradient will be
estimated and shown on each map. Groundwater elevation hydrographs for
each well will be updated and included in each report.
■ Groundwater and vadose zone sample results will be tabulated and incorporated
into the final report along with a list of the analytical methods used. Hard-copy
laboratory reports,chain-of-custody forms,and field and laboratory QA/QC
procedures will be included as appendices to the reports. Graphs of constituents
which exceed the RWQCB-SA Basin Plan Objectives(BPO)or drinking water
maximum contaminant levels(MCL) for the quarter will be included in the
reports.
■ City provided field notes and sample collection information,such as well
Purging times,dates,methods,volumes and recovery times,will be presented in
the report.
■ Each report will be prepared in a format acceptable to the RWQCB-SA and
signed by a California Registered Geologist and/or Professional Engineer. In
addition to the items described above, the reports will contain background
information of the site(from previous reports),quarterly waste disposal volumes
and sludge chemical analyses(to be provided by the City),maps showing the site
layout and monitoring well and lysimeter locations, and groundwater level and
chemical data for the Church Street Burn Site(to be provided by the City). Two
draft copies of the reports will be issued to the City for their review. Six bound
copies and one unbound copy of each final report will be issued to the City,who
will be responsible for report delivery to the RWQCB-SA. CDM can arrange
delivery of the reports to the Board,at your request. The City should recognize
that our ability to provide the final report in time to meet the regulatory
deadlines for submittal will depend on the City's provision of raw data and draft
report review comments in a timely manner.
Task 2`19)6 Armual Groundwater Monitoring Report
As required by the RW B- A,an Annual Groundwater Monitoring Report will be
prepared.In order to save costs on report preparation,the annual report will be included
as a section in the fourth quarter 1996 groundwater monitoring report. Additional work to
be completed for the annual report is described below,and is consistent with the
requirements of the RW B-SA in their letter dated June 14, 1994(page 7):
■ Tabular and graphic summaries of monthly groundwater levels and sampling
e.
CDMCampDresser&McKee Inc.
Ms.Valorie Shatynski
June 6, 1996
Page 3
results for all four quarters will be prepared. Graphs of groundwater
constituents that equaled or exceeded BPO or MCL during any quarter in 1996
will be prepared and presented. Summary tables of vadose zone sample results
will also be prepared.
■ A brief analysis of the water quality at California Street Landfill will be provided
based on the analytical data obtained. A discussion of the vadose zone quality
and its implications to potential groundwater quality will also be discussed.
■ Updated information will be provided on the groundwater monitoring system
and hydrogeology of the California Street Landfill.
Task 3-1996 Evaluation Monitoring Program Summary Report
As stated in the 1995 Evaluation Monitoring Program (EMP)work plan,a summary report
of 1996 EMP activities will be prepared and submitted to the RWQCB-SA by January 31,
1997. Because this is the same due date as for the fourth quarter 1996 report,and because
the EMP summary will contain much of the same information,CDM proposes to include
the EMP summary as a section in the fourth quarter report versus the preparation of a
separate report for significant savings on time and expense. The section will contain the
information described in the work plan(pages 51 and 52)including a discussion of
groundwater quality,preparation of graphs,discussion of vadose zone indicators,and
waste management operations. In addition,CDM will prepare a request to terminate the
EMP in a letter to the RWQCB-SA in December 1996, assuming that volatile organic
compounds(VOCs) remain non-detected throughout 1996. The letter will be issued in
December following our receipt and review of the final sampling episode so that the
Detection Monitoring Program requirements can be implemented in the first quarter 1997
assuming approval of the RWQCB-SA.
Task 4-Optional Laboratory Data Entry and Quality Check
It is assumed that the City will provide to CDM laboratory data that is in digital(computer
spreadsheet)format,has been checked for laboratory quality and accuracy(holding times,
equipment calibration,surrogate recoveries), the required tests have been performed,and
that laboratory reporting limits meet State Detection Limits for Reporting(DLR). Our
recent discussions with Babcock Laboratories indicates that inorganic data are available in
digital format,but VOCs are not at this time. CDM will perform these services for the City
under Optional Task 4,which will include the following:
■ Enter hard-copy VOC laboratory data into CDM's digital data management
system developed for the California Street Landfill. Check the data entry against
the hard copy to ensure accuracy.
a Compare sample analysis dates to collection dates to verify that the samples were
analyzed within acceptable holding times.
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CDMcamp aesser&McKee Inc.
Ms.Valorie Shatynski
June 6, 1996
Page 4
0 Compare laboratory reporting limits for every analysis to State DLRs and MCLs.
0 Compare the laboratory methods used to the City's analysis list to ensure that all
analyses were performed.
0 Review the laboratory QA/QC data (surrogates,matrix spikes,matrix spike
duplicates) to ensure acceptable limits of laboratory equipment.
a Report the results of the laboratory data quality check in each quarterly report.
Task 5-Optional General Consulting Services
Task 5 will consist of general consulting services., including information gathering,
scheduling,budgeting,documentation,correspondence,and attendance at meetings and
teleconferences as requested by the City related to groundwater issues at the California
Street Landfill and Church Street bum site which are not covered by above Tasks 1-3. This
task is intended to provide budget for unforeseen items and general information
requirements which may arise over the course of this project. Deliverables for Task 5 will
be in the form of internal memorandums, telephone logs,draft schedules and cost
estimates,and notes from meetings. These items will be delivered to the City as they are
developed,and will be used as either documentation of communications,or"work-in-
progress"notes to be used in future planning,scheduling and reporting.
Cost Estimate
All tasks will be completed on a Lump-Sum,Not to Exceed basis. The costs for Tasks 1
through 3(Quarterly Reports,Annual Groundwater Monitoring Report,and Annual EMP
Report)is$18,164. The cost for Optional Task 4(Data Entry and Quality Check) is an
additional$4,864. The cost for Optional Task 5 (General Consulting)is an additional
$4,433,however costs will only be incurred for a percentage of the task completed. The
total cost for all five tasks is$27,461. Attachment A presents a breakdown of these costs. it
is our understanding that the City Attorney will prepare a contract for this project.
Schedule
The third and fourth quarter 1996 reports are due to the RWQCB-SA by October 31, 1996
and January 31, 1997,respectively. The fourth quarter report will also contain sections for
the annual summaries for the groundwater monitoring and EMP. Draft copies of the
report will be issued to the City no later than one week before the due dates. We ask that
the City provide all data within one month of report due dates,and a complete report
review no later than two days before the due dates. CDM will make every effort to
expedite the report preparation to allow the City adequate time for review. Our ability to
complete the reports in a timely manner is complete dependent on the City providing the
necessary field and laboratory data as soon as it is received.
CDMCamp Dresser&McKee Inc.
Ms.Valorie Shatynski
June 6, 1996
Page 5
Closing
This project will be managed by and performed under the supervision of Mr.Theodore A.
Johnson,a California Registered Geologist and Certified Hydrogeologist who is very
familiar with the groundwater conditions at the California Street Landfill. If this proposal
meets with your approval,please sign in the space below and return one copy to our files
or prepare a standard City agreement for execution. If you have any questions or
comments regarding this proposal,please do not hesitate to contact Mr.Johnson at
909/986-6811. CDM looks forward to continuing our services at the California Street
Landfill.
Sincerely,
CAMP DRESSER&McKEE, INC.
The ore VAh n s o�n,C.H G. Richard W.Corneille'.P.E.
2 lozis
Hydr0g gist,Project Manager Vice President
Proposal Authorization:
Please Initial Choice:
Authorized Representative of the
City of Redlands Tasks 1-3 Only:
Optional Task 4:
Swen Larson, Mayor Optional Task 51
Title
July 2, 1996
Date
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ATTACHMENT A-COST BREAKDOWN
PROPOSAL FOR 3rd AND 4th QUARTER 1996 GROUNDWATER MONITORING REPORTS,
ANNUAL GROUNDWATER REPORT,ANNUAL EMP REPORT,AND OPTIONAL TASKS
CITY OF REDLANDS-CALIFORNIA STREET LANDFILL
Ted uahnsan[$5+tl/hr) Staff Gro.if65Jhrl
TASK HouPrincipal i$iSWlrr1 Draft 41 (f5Nhr) Ward Proc.15541hr1 Acct$%157"r) Expenses Subs.• TOTALS
"Our* Cast Hours Cas# Hours I Cost
1•Quartedy Repurta Hain Coat Hours Coat Hours Coat flours Cost
Turd Qtf. 26 $2.340 32 32080 2 S3004 $232 8 $432 2
Fiwrth Qtr. 2a 32,340 32 52,080 2 530) 4 $232 g 3140 f200 74 $S.724
5432 2 $140 3200 74 $5,724
.i-'. _- i" - 148 $11,448
2•Annual C;W Repurl 16 $1.440. 24 $1.560 1 f150 1
4" - $232 4 $216 0.5 S35 $40 49 5 $3,673
$15
34-Ann.W EMP kgxwl 9 $810 24
$I 560 1 0 4 $232 4 $215 0.5 $35 $40 425 53,043
4•CVhmal Cab QA/QC
Third r 8 $720 16 51.040 1 5150
F.xrrth Qtr 8 $720 16 so 1 8 $432 05 435 555 335 $2.432
$1,040 1 5150 30 8 $132 05 535 555
J. : 335 52,432
67 $4,864
5-t ural Cansult 40 $.3,64111 SO 2 $31]0 4 $232 ;
5216 05 $35 550 50.5 $4,133
rtdlands tSiqu9e\coets.xls
OTAL COST TASKS 1.3 518,164
ADDITIONAL COST TASK 4 $4^4
ADDITIONAL COST TASK 5 K433
OTAL COST TASKS 1-5 $27,461
-Optio"Task 4 may be performed by 31)CwoServkes,Inc-at no additional coat
Out-ot-ac:ope costs will be incurred on a time and materials basis using the labor rates shown above,
ud a 10 percent markup on subc,ontracton and expenses