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HomeMy WebLinkAboutContracts & Agreements_23-1991_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE DEVELOPMENT OF SOLID WASTE MASTER PLAN This AGREEMENT is made and entered into as of this 18th day of June, 1991, by and between City of Redlands Public Works Department hereinafter referred to as "OWNER" and Camp Dresser & McKee, Inc. hereinafter referred to as"ENGINEER" In consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties do hereby agree as follows: ARTICLE I - ENGAGEMENT OF THE ENGINEER 1. 1 The OWNER hereby engages the ENGINEER and the ENGINEER hereby accepts the engagement to perform engineering services in connection with the preparation of the Development of Solid Waste Master Plan. 1. 2 All services under this AGREEMENT shall be done in a professional manner, and ENGINEER represents that the firm employs those with the demonstrated skill and the professional expertise necessary to provide high quality services under this AGREEMENT. 1 . 3 The ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers providing the same type of services, for the professional and technical soundness, accuracy and adequacy of all reports, designs, drawings, specifications, and other services and materials furnished under this AGREEMENT. ARTICLE 2 - SERVICES OF THE ENGINEER 2 . 1 The ENGINEER shall perform the services in connection with the Project as defined in Attachment A, Scope of Work. 2 . 2 The following additional services may be provided by the ENGINEER when requested and approved by the OWNER in writing: 1 1 More detailed and focused studies resulting from the Master Plan. 2 . Preliminary and final design follow-on plans and specifications. 3 . Construction survey. 4 . Additional copies of reports, plans and specifications. 5. Bidding services. 6. Construction services. 7 . construction inspection services. S. operations and maintenance consulting services. 9. Miscellaneous services not specified elsewhere in the AGREEMENT. ARTICLE 3 - RESPONSIBILITIES OF THE OWNER 3 . 1 The OWNER will place at the disposal of the ENGINEER all available information pertinent to the Project, including previous reports and any other data relative to the Project. 3 . 2 The OWNER will provide access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his services under this AGREEMENT. 3 . 3 The OWNER will designate in writing a person to act as the OWNER'S representative with respect to the services to be performed under this Agreement, such person to have complete authority to transmit instructions, receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. ARTICLE 4 - PERIOD OF SERVICE 4 . 1 The ENGINEER shall proceed with the engineering services set forth in Article 2 in accordance with the schedule defined in Attachment B. 4 . 2 The ENGINEER shall proceed with the services under this AGREEMENT promptly and shall prosecute them diligently. ARTICLE 5 - PAYMENTS TO THE ENGINEER 5. 1 The project budget detail showing the ENGINEER'S fee breakdown of hours and costs by major task and total not-to-exceed budget of $79 , 350 is shown in Attachment C. 2 5. 2 For the services performed under Article 2, OWNER will pay the ENGINEER on a time ;and materials basis at the hourly rates shown in Attachment U Wage: Cost Multiplier Rate Schedule. However, total payment shall not exceed $79, 350. 5. 3 Payment for additional `services requested by the OWNER per Article 2.2 shall be in accordancewith a separately negotiated fee or in accordance with the hourly rates shown in Attachment D. 5. 4 ENGINEER agrees that at the point 75 percent of budgeted casts have been expended for the project, the ENGINEER will notify the OWNER in writing, including a brief report on job status, percent complete, analysis of budget, and envisioned expenses to complete the contractual effort. Budgets shall not be exceeded except if previously approved by OWNER. 5. 5 The ENGINEER shall bill the OWNER monthly by submitting an invoice indicating the services performed, who performed the services, and the detailed` cost of all services including backup material., if requested. Payments by OWNER to ENGINEER shall be made within 30 days after receipt and approval. of ENGNEER's hereinabove invoice, by warrant payable to the ENGINEER.. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, wills and payments sent by mail shall be addressed as follows: TO OWNER. City of Redlands Public Works Department P. G. Box 3005 2 E. Citrus Avenue Redlands CA 92373 TO ENGINEER. Camp Dresser and McKee, Inc. 430 N. Vineyard Ave, , Suite 310 Ontario CA 91764 When so addressed, such notices shall be deemed given upon deposit in the United States Nail. In all other instances, notices, bills 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 ANIS INDEMNIFICATION . 1 ENGINEER shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect OWNER from 3 claims for damage due to bodily injury, personal injury, or death and claims for injury to or destruction of tangible property while performing the services covered 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] . The OWNER shall be named a primary additional insured on insurance coverage for public liability and property damage. The ENGINEER shall provide OWNER with a certificate evidencing such insurance coverage. 6. 2 ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph to protect OWNER from negligent acts, errors or omissions of a professional nature; the total aggregate of ENGINEER'S professional liability insurance coverage shall be a minimum of $50, 000 or the Engineer's total estimated fee, as shown in Attachment C. 6. 3 ENGINEER agrees to indemnify, hold harmless and defend OWNER and any and all of their elected officials, officers, agents, engineers, and employees from and against all claims, loss, damage, charge or expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful misconduct or negligent act or actions, omission or failure to act on the part of the ENGINEER, his contractors, his suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable in the performance of the services described in this AGREEMENT. ARTICLE 7 - GENERAL CONSIDERATIONS 7 . 1 In the event of any legal action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, expenses, including attorney's fees, as may be set by the Court. 7 . 2 The ENGINEER shall not sublet or assign any of the services covered by this AGREEMENT, except with the prior written approval of the OWNER and in strict compliance with the terms, provisions, and conditions of the AGREEMENT. 7 . 3 The key ENGINEER'S personnel proposed for this Project are as follows: Richard Corneille, Officer-In-Charge Robert Hawfield, Jr. , Project Manager Kathleen Spring, Project Engineer Alejandro Gonzalez , Project Engineer 4 ENGINEER agrees that these key people shall be made available and assigned to the OWNER'S Project, and that they shall not be replaced without concurrence from the OWNER. 7 . 4 It is understood and agreed by and between the parties that all documents, records, drawings, designs and specifications, cost estimates, and other project documents developed by the ENGINEER pursuant to this AGREEMENT shall become the property of OWNER and shall be delivered to OWNER upon completion of services. Any reuse of such documents for other projects and any use of incomplete documents shall be at the OWNER'S sole risk. 7 . 5 ENGINEER is for all purposes an independent contractor. All qualified personnel 'provided by ENGINEER pursuant to the provisions of this AGREEMENT are to be employed by ENGINEER for his account only, and in no event shall ENGINEER or any personnel retained by him be deemed to have been employed by the OWNER or engaged by the OWNER for the account of or on behalf of the OWNER. 7 . 6 Unless earlier terminated, as stipulated below, this AGREEMENT shall terminate upon completion and acceptance by the OWNER of all services approved for performance under Article 2 of this AGREEMENT. 7 .7 This AGREEMENT may be terminated in writing by either party in the event of failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party: providing, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. 7 . 8 If this AGREEMENT is terminated by the OWNER for reasons of default by the ENGINEER, an adjustment to ENGINEER's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs to the OWNER occasioned by the ENGINEER'S default. If termination for default is effected by the ENGINEER, the adjustment in compensation shall provide for payment to the ENGINEER to include a reasonable profit for services rendered and reimbursement for expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm and approved by OWNER prior to the termination. 5 7 . 9 Upon receipt of a termination notice, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise) , and (2) deliver or otherwise make available to the OWNER, copies of data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ENGINEER in performing services under this AGREEMENT. 7 . 10 ENGINEER 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 the OWNER at the office of the ENGINEER. 7 . 11 This AGREEMENT, including attachments incorporated herein by reference, represents the entire AGREEMENT and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written AGREEMENT. Any supplement or amendment to this AGREEMENT to be effective shall be in writing and signed by the OWNER and ENGINEER. 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 parties have signed in confirmation of this AGREEMENT. CITY OF RE- DS Camp Dresser & McKee, Inc. By nARMS D RJN Richard W. Corneille M a Vice President ATTEST: City—CAI erk of Redlands 6 w . ATTACHMENT A SCOPE OF WORD REDLANDS SOLID WASTE MASTER PLAN The scope of work, by task, is generally outlined in the Request for Proposal. This section presents our specific understanding of requirements and products of each task. The scope of work in the City's Request for Proposal has been reorganized in order to be consistent with previous solid waste master plans prepared by CDM, that have been successfully implemented by our clients. Task 1.0 Solid Waste Master Plan Background Information Review 1.1 Background Information Review CDM will conduct a coordination/kick-off meeting to define contacts, set schedule for data collection effort and identify data/decisions needed from the City of Redlands (City). Discussions with the City will include critical issues and requirements. Meetings with the City's project personnel will be scheduled to review and obtain all available current information on proposed major features of the City's AB 939 SRRE Plan. Other information, such as land use types, intensities and locations, construction buildout schedule will be obtained from data in the City's Comprehensive Plan. The City's landfill regulatory status will be researched in files and other compiled source of information provided by the City, including current permitting work by other consultants. 1.2 Deliverable As a result of this task CDM will organize and present to the City a summary of the collected information. The data obtained through Task 1.1 will provide for the current scenario input, that will be subject to improvement and optimization during the solid waste master plan formulation. Task 2.0 AB 939 ERRE Plan Implementation This Task is the key activity of the master plan formulation. CDM will review the information provided by other consultants and contained in previous reports to form the basis of the alternatives and recommendations of the master plan. The master plan will promote the priorities of the waste reduction and recycling elements identified in the City's SRRE Plan. CDM will conduct a review of the Disposal Facility Capacity Component provided in the SRRE Plan. The review will be aimed at projecting long-term(20 years)disposal facility capacity needs and at generating plans to cope with the City solid waste disposal needs. CDM will prepare for the City a plan that identifies the need for establishing new or expanded disposal facilities for the short-term, medium-terra and long-term planning periods. Other alternatives to be considered will involve hauling the City's solid waste to another jurisdiction through interjurisdictional agreement with other cities, counties or solid waste enterprises. 1 of 4 The solid waste master plan will at all times support the finding and objectives of the City's SRRE Plan. The master plan will define the requirements for facility and programs to meet the solid waste management goals established in the City's SRRE Plan. The master plan will identify its implementation costs, and revenues sources necessary for its successful implementation. CDM's vision and focus of the City's master plan is to lay the foundation for an optimal and proper management of the City's solid waste system through facility programs. The program's entire focus will shift to reduce waste and establish recycling as an integral part of the system. CDM will prepare a master plan that the analysis and recommendations on all major elements of the City's SRRE plan including: 0 A Summary of the SRRE main findings and actions. 0 General Regulatory Requirements. 0 Administrative Orders Directing Compliance Actions. 0 Recycling Alternatives. 0 Composting Alternatives. 0 Disposal Alternatives. 2.1 Regulatory Requirements CDM activities in Task 2.0 will be oriented to define the regulatory requirements and to make sure the City's solid waste master plan fully complies with those requirements. CDM offers to prepare for the City a master plan that will meet the requirements of the CIWMB and the SWRCB. The master plan will guide the City through acceptable alternatives for solid waste management. Thus, regulatory requirements will not become an uncertain factor for the City's decision making process. 2.2 Conformity with the City's General Plan CDM will prepare for the City a solid waste master plan which fully accommodates, the specific requirements of the City's comprehensive plan. One of the purposes of the master plan will be to establish a comprehensive system of programs and facilities development supported by the City's General Plan; therefore, the master plan will respond to the needs and ideas of the City and its projected demand and directions. Task 3.0 Collection Routes Optimization CDM proposes to examine the City's current solid waste collection services, identify potential problems that may arise in meeting present and future needs, evaluate alternatives, and recommend policies and activities for the improvement of any identified collection service deficiencies. The methods of collection, the types of service available, and the nature of the service will be evaluated. The recommendations for an efficient collection system, will be based on Heuristic Micro-routing for solid waste collection vehicles. The routing evaluation will incorporate: 2 of 4 MP K-1 ATTACHMENT S SCHEDULE REDLANDS SOLID 'WASTE MASTER PLAN SCHEDULE ITEMS DA'Z'E Notice to Proceed 06-19-91 Submit Draft Report 09-30-91 Submit Final Report 10-30-91 ATTACHMENT C PROPOSED PROJECT BUDGET REDLANDS SOLID WASE MASTER PLAN I i s CITY OF REDLANDS SOLID WASTE MASTER PLAN PROPOSED PROJECT BUDGET MANHOURS FEE TASKS OFFICER PRINCIPAL SENIOR ROFE5SIONRL PROFESSIONAL ROJECT TOTAL OTHER TOTAL ASSOCIATE PROFESSIONAL II SUPPORT SUPPOPT LABOR DIRECT (I/HOUR) $13O $115 $90 $75 $55 $45 COSTS 1.0 BASELINE OATA —KICKOFF 4 8 8 8 4 $2,940 $2,940 —FILE REVIEW 90 32 $6,000 "0O $6,400 2.0 SRRE IMPLEMENTATION —SUMMARY 16 40 24 8 $7,600 $7,600 —REGULATORY REVIEW 29 16 8 $3,720 $3,720 —ALTERNATIVES 12 40 90 16 $8,700 $500 $9,200 3.0 COLLECTION STUDY 32 80 72 8 8 $17,080 $500 $17,580 4.0 SOLID WASTE MGMT PRIVATIZATION 4 16 98 98 8 $10,640 $300 $10,940 5.0 PATE STRUCTURE 9 32 40 48 8 $11,760 $450 $12,210 6.0 MASTER PLAN PEPORT 4 16 16 40 8 16 $7 960 $800 $8,760 TOTAL. 16 132 336 328 16 76 $76,400 $2,950 $79,350 f.Fn. !Y'* y.� ----------------- ------------- ATTACHMENT D WAGE COST MULTIPLIER RATE SCHEDULE REDLANDS SOLID WASTE MASTER PLAN Effective January 1, 1991 DIRECT HOUR BILLING RATES Personnel Classification Salary Cost Rate Range ($/Hour) Vice President/Sr. Consultant $46 - $66 Associate $37 - $56 Principal Engineer/Scientist $37 - $52 Supervising Engineer/Scientist $33 - $52 Senior Engineer/Scientist $28 - $46 Associate Engineer/Scientist $24 - $37 Staff Engineer/Scientist $14 - $28 Draftsperson/Designer $13 - $33 Technical Editor $14 - $24 Contract Administrator $19 - $28 Technician/Clerk $ 7 - $14 Administrative Assistant $11 - $33 Secretary/Word Processor $ 9 - $19 Salary cost is defined as the cost of salaries (including sick leave, vacations, and holiday pay applicable thereto)for time directly chargeable to the project; plus unemployment,excise, and payroll taxes; and contributions for social security, employment compensation insurance, retirement benefits and medical and other group insurance benefits. The salary cost includes a 33 percent fringe benefit factor taken on direct labor. Compensation for services of CDM personnel shall be the salary cost rate times a multiplier of 2.42. OTHER DIRECT COSTS Other reimbursable direct costs shall be billed at 1.1 times actual cost to cover the cost of general and administrative expenses and handling. These reimbursable costs shall include, but are not limited to: • Travel: Air fare, auto rental, and local mileage. ($0.26/mile) Subsistence: Lodging and meals. • Communications: Long distance telephone, postage, and Federal Express. • Printing: Internal document reproduction ($0.08/copy) and outside printing services. • AutoCAD, computer, and word processing equipment usage. Consultant and subcontracted services. • Equipment rental Miscellaneous supplies and equipment. DI:ES'S'ER-2 M-