Loading...
HomeMy WebLinkAboutContracts & Agreements_110-96_CCv0001.pdf AGREEMENT TO FURNISH AB 2588 AIR TOXICS EMISSION INVENTORY REPORT FOR CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 19th day of November, 1996 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Dames & Moore, Inc., (hereinafter "Engineer"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby agree as follows: ARTICLE I - ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform technical services for meeting the reporting requirements of AB 2588 (the"Services") for the City's California Street Landfill (the"Project"). 1.2 The Services shall be performed by Engineer in a professional manner, and Engineer 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 Engineer shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Engineer information in its possession that is pertinent to the performance of Engineer's Services. 3.2 City will provide access to and make provisions for Engineer to enter upon City-ow-ned property as required by Engineer 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 Engineer shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B. A:atir,agt ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Engineer's performance of the Services shall not exceed$4,000, in accordance with the Attachment C.-Project Estimated Charges. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment D-Bill Rates of Staff Personnel. 5.2 Engineer 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 Engineer shall be made within 30 days after receipt and approval of Engineer's invoice, by warrant payable to Engineer. 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: it Engineer(Correspondence) Payments: Valorie Shatynski Craig Sakamoto,P.E., R.E.A. Dames&Moore, Inc. Municipal Utilities Dept. Dames& Moore,Inc. File No. 52627 35 Cajon Street 6 Hutton Centre Drive, Suite 700 Los Angeles, CA P. O. Box 3005 Santa Ana, CA 92707 90074-2627 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 Engineer 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. Engineer shall maintain comprehensive automobile liability insurance with a combined single limit of$1,000,000 for bodily injury and property damage. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability, and such insurance shall be primary with respect to City and non- contributing to any insurance or self-insurance maintained by the City. Engineer shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. A:atir.agt 2 6.2 Engineer 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 Engineer,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 Engineer 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 Engineer's key personnel for the Project are: Craig Sakamoto, P.E., R.E.A. - Project Manager,Dan Kringel, Senior Consultant,and Chris Barth, Staff Engineer. Engineer 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 Engineer 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. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Engineer is for all purposes an independent contractor. All personnel employed by Engineer are for its account only, and in no event shall Engineer 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 (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 to Engineer's compensation shall be A:air.at 3 made,but(1)no amount shall be allowed for anticipated profit or unperformed services,and (2) any payment due Engineer at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Engineer. 7.9 Upon receipt of a termination notice, Engineer 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 Engineer in performing the Services required by this Agreement. 7.10 Engineer 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 Engineer. 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 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 City and Engineer have signed in confirmation of this Agreement. City of Redlands Dames & Moore, Inc. ("City") ('Engineer") — By; ZZ,W S WEN LARSON -- Mayor ` ATTEST: City ', rk, City ei&lands A:atir.a gt 4 ATTACHMENT A SCOPE OF SERVICES n:at,r. t ATTACHMENT SCOPE OF SERVICES The following Scope of Services is based upon the information obtained during the preparation of the ATIP. The Scope of Services is presented in the following as specific tasks. Task I -Emission Quantification used on the approved ATIP and its Emission Quantification Methods (EQNU), the air toxic emissions will be estimated- The following are descriptions of the activities involved in this task: • Calculating acvjA operation emission factors, maximum hourly and actual annual air toxic emissions;and • Assessing and implementing the reporting requirements for AB 1.588 fisted air toldc Assessing, 4.1:p substances. The results of this subtask-will dictate how the enussions or air toxics will be presented on the forms. Task 2-Preparation of the Applicable AB2589 Forms The fitcility and process information will be included in the forms FAC, STY,,DEV and CMB. The air toxic emission information will be included on Form PRO- It is our experience that when emission estimates are based on emission testing, they are required to be presented on Form PRO (emission quantification form)no matter how small the emissions. Other forms may be required to be completed based on the findings of the approved ATIP- Task 3-Prepare the ATIR for Submittal to the SCAQIVED The appropriate completed reporting forms, facility drawings and/or figures, emission assessment and other information used in developing the ATIR will be incorporated into the SCAQMus reporting format in preparation for submittal to the SCAQMD. A draft of the ATIR will be submitted to the City for review and comments. Following receipt of the City's comments,we will prepare the final ATIR for submittal to the SCAQV- -D. ATTACHMENT S PROJECT SCHEDULE A:atir.agt ATTACHMENT PROJECT SCHEDULE Dames&Moore understands that the City was required to submit in AB2589 ATIP by My 1996. However, since the SCAQN4D has requested that new test data be included in the AM the submittal of the ATIR has been delayed- Therefore, it is important that the ATIEL be submitted in an expedious manner once the new test data become available. Dames&Moore is prepared to begin this work on the day-of written authorization from the City. Dames &Moore estimates that our efforts will take approximately one to r.vo weeks to complete once the test data become avi-Zable_ The actual schedule will be determined by the timeliness of the City's response to Dames&Moore's information requests, and thi: time required for the City-'s review of the draft AIMZ- The latter is assumed to be two(2)days. ATTACHMENT C PROJECT ESTIMATED CHARGES A:atir,agt ATTACHMENT i s CHMENT C PROJECT ESTIMATED CHARGES This work w,;Il be billed on a time-and-expense basis in accordance with our Bill Rates of Staff Perste The estim ed charges for Dames & Moore-'s services as oudined in this proposal are $4,000. These charges will not be exceeded without the Cit-,,'s written authorization- The following is a breakdoum of the estimated charges for each task as presented in the Scope of Services: DOxz TASK I -Emission Quantification $ S700-00 TASK.2-Preparation of the.Applicable 10 $800.00 AB2588 Forms TASK-1 -Prepare the ATTR.for Submittal to 24 $2,000.00 the SCAQNM Project Managemeant, Accounting, Clerical, i $500.00 ui m,�ntz etc. TOTAL 42 $4,000.00 ATTACHMENT D BILL RATES OF STAFF PERSONNEL A:atsr.agt AWACEMNT D BILL RATES OF STAFF PERSONNEL Senior Lend $110 -$160 per hour Project Level $90 - $110 per hour StaffLoevel $60 - $90 per hour Clerical/Techticians $35 - $60 per hour