HomeMy WebLinkAboutContracts & Agreements_28-1991_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR THE SOLID WASTE FACILITIES PERMIT REVISION OF
CALIFORNIA STREET LANDFILL ENVIRONMENTAL INITIAL STUDY
This AGREEMENT is made and entered into as of this 2nd day of July, 1991 .
by and between City of Redlands Public Works
Department hereinafter referred to as
"OWNER"
and Kleinfelder, 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 1 - ENGAGEMENT OF THE ENGINEER
1 .1 The OWNER hereby engages the ENGINEER and the ENGINEER hereby accepts
the engagement to perform consulting services in connection with the
preparation of the Environmental Initial Study for the Solid Waste Facilities
Permit Revision, California Street Landfill.
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 required for 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:
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1 Construction Survey.
2. Additional copies of plans and specifications.
3. Bidding services.
4. Construction services.
5. Construction inspection services.
6. Miscellaneous services not specific elsewhere in the AGREEMENT.
ARTICLE 3 - RESPONSIBILITIES OF THE OWNER
3.1 The OWNER shall 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 shall 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 shall provide all environmental assessments or impact reports
required far this project and not otherwise specifically required to be provided
by the ENGINEER.
3.4 The OWNER shall 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 consulting services set forth in Article 2
in accordance with the schedule defined in Attachment A.
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 For the services performed under Article 2, OWNER shall pay the ENGINEER on
a time and materials basis shown in Exhibit A. Total payment shall not exceed
$9,800.
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5.2 Payment for additional services requested by the OWNER per Article 2.2 shall
be in accordance with a separately negotiated fee.
5.3 ENGINEER agrees that at the point 75 percent of budgeted costs have been
expended for each scope 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. The
budget shall not be exceeded except if previously approved by OWNER.
5.4 The ENGINEER shall bill the OWNER monthly. An invoice shall be submitted
indicating the work performed, who performed the work, the job category of
those performing the work, identification of outside services and reimbursable
expenses, and backup material, when requested.
Payments by OWNER to ENGINEER shall be made within 30 days after receipt
and approval of ENGINEER'S hereinabove invoice, by warrant payable to the
ENGINEER.
5.5 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 shall be
addressed as follows:
TO OWNER: CITY OF REDLANDS
Public Works Department - Utilities Division
P. 0. Box 3005
2 E. Citrus Avenue
Redlands CA 92373
TO ENGINEER: KLEINFELDER
1370 Valley Vista Drive
Suite 150
Diamond Bar CA 91765
When so addressed, such notices shall be deemed given upon deposit in the
United States Mail. 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 AND INDEMNIFICATION
6.1 ENGINEER shall maintain worker's compensation insurance and, in addition,
shall maintain insurance to protect OWNER from 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
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combined single limit of $1,000,000 per occurrence. 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 $1,000,000 of the ENGINEER'S total
estimated fee, as shown in Attachment C. Project Budget, whichever is greater.
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 the project are listed in
Attachment A. 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
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completion of services or upon demand. 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.
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.
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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 REDLANDS KLEINFELDER, INC.
By
L EM N DOUGLAS M. ISBELL
0 Director, Solid Waste Services
ATTEST:
City Cir , City-q"lands
6
ATTACHMENT A
KLEINFELDER
June 7, 1991
He 70-YP-1057
Seong H. Krim, Director
Municipal Utilities Department
City of Redlands
2. E. Citrus, Suite 203
Redlands, CA 92373
Subject: California Street Landfill Report of Disposal Site Information Revision CEQA
Compliance
Dear Mr Kim:
Kleinfelder is proposing to assist the City in development of a CEQA Initial Study, assessing
the potential environmental impacts associated with the revision of it's Solid Waste Facility
Permit at the California Street Landfill. This letter proposal presents the scope of work and
estimated costs to provide the City of Redlands with this preliminary CEQA documentation in
compliance with the CEQA guidelines. This scope of work assumes utilization of existing
data as contained within the revised Report of Disposal Site Information and the Preliminary
Negative Declaration prepared in August of 1990.
SCOPE OF WORK
Task 1 Project Kick-Off
Task 1 will consist of a meeting between Kleinfelder and the City's planning and engineering
staff. The purpose of this meeting will be to assess the scope of this study which will focus
upon those aspects of the project that qualify as potential environmental impacts.
Task 2 Field Investigation
Kleinfelder will conduct two site visits to gather any additional information necessary to
complete the Initial Study regarding the existing site conditions and the surrounding land uses.
Based upon evaluation of this information, we will assess the potential environmental impacts
at the site.
KEEiNEEEDER 1370 Valley-Vista Drive, Suite 150, Diamond Bar, CA 91765 1714) 396-0335
Seong H. Kim
June 7, 1991
Page 2
Task 3 Maps and Graphics Preparation
Task 3 will entail the development of a site location map and surrounding land use map.
Other graphics necessary for the initial study will also be developed at this time.
Task 4 Draft Report Preparation
Task 4 will involve preparation a Draft Initial Environmental Assessment Report based upon
the City's Local Guidelines for Implementing the California Environmental Quality Act (1989
Revision). This report will consist of an Initial Environmental Checklist, summarized project
description, and a discussion of the landfills history. Additionally, the report will assess the
potential impacts of the project and will include non-impact substantiation, a generalized
discussion of the environmental evaluation procedures utilized, and references cited.
Suggested mitigation measures that will reduce the level of impacts will be included in the
Draft Initial Environmental Assessment Report. These suggested mitigation measures will
focus upon means to affect a reduction of the potential impacts identified within the Initial
Study Checklist.
This Draft Initial Environmental Assessment Report will be submitted to the City of Redlands
Municipal Utilities Department for submittal to the Planning Department and appropriate
scheduling of the public hearings.
Task 5 Meetings & Hearings
This task will entail attendance at one (1) City of Redlands Technical Advisory Committee
(TAC) Meeting and one (1) Environmental Review Committee (ERC) Meeting for approval
of a Negative Declaration or Mitigated Negative Declaration as determined by the City of
Redlands Planning Department acting as the Local Lead Agency.
Task 6 Final Report Preparation
Based upon the comments received at the TAC meeting, Kleinfelder will revise the draft
report as prepared under Task 4 and prepare a final report for presentation at the ERC
Meeting.
COSTS
Based upon this scope of work Kleinfelder is proposing to complete the CEQA Initial Study
for a fixed cost amount of$ 9,800.
(6)70YPIS07
KLEINFELDER 1370 Valley Vista [Drive, Suite 150, Di mond Bar, CA 91765) (714) 396-0335
Seong H. Kim
June 7, 1991
Page 3
Any meetings beyond those discussed within this scope of work will be charged on a time and
materials basis against Kleinfelder's 1991 Fee Schedule for Environmental Services
Attachment A.
TIME LINE
Kleinfelder will present a draft Initial Study to the Municipal Utilities Department three (3)
weeks following authorization to proceed. Revisions requested by the City will be completed
within one (1) week of receipt of the requested revisions.
PERSONNEL
Attachment B, presents the personnel proposed to complete the Initial Study. Resumes of the
Key personnel are also provided.
In closing, I would like to thank you for considering Kleinfelder to you assist in meeting the
city's needs. Should you have any questions regarding this proposal please feel free to contact
me at (714) 396-0335.
Sincerely,
KLEINFELDER, INC.
Michael R. Perry
Solid Waste Planning/Re cycling
Manager
IL
Douglas M. Isbell, P.E.
Director, Solid Waste Services
MRP:DMI:nc
Attachments
(6)70YPI507
KLEINFELDER 1370 Valley Vista Drive, Suite 150, Diamond Bar, CA 91765 (714) 396-0335
LEINFELDER
City of Redlands
Municipal Utilities Dept.
Seung ( a ), Kim
Director
City of Redlands Planning
Department
Debbie Ubnoske
Project Manager
Mike Perry Debbie Ubnoske
Quality Assurance - Client Support
Quality Control Coordinator
Critin Brame
Research Assistant
Valorie `Bohnert
Research Assistant
RESUMES
MICHAEL R. PERRY
Manager, Solid Waste Planning/Recycling Division
Education
BA Business Administration, 1985, California State University San Bernardino
MPA Public Administration, 1991-92, California State University, San Bernardino
Summary of Experience
Mr. Perry's13ofessional focus has been in the area of solid waste management and environmental
inning. He has served as the principal author and coordinated the review process of a major
planning.
Solid Waste Management Plan and coordinated the development of numerous city Source
Reduction and Recycling ]Elements throughout Southern California. In an advisory staff capacity,
he was a member of the Hazardous Waste Management Committee. He also served as a county
representative to such agencies as the Regional Water Quality Control Board and the California
Waste Management Board. Mr. Perry's areas of expertise extend to land use studies;
environmental analyses and impact reports (EIRs); closure plans for both hazardous waste sites
and landfills; landfill siting, expansion, and operation; and recycling/waste reduction programs.
1990 - Present Division Manager, Solid Waste Planning/Recycling, Kleinfelder, Inc.
Responsible for solid waste planning and recycling programs throughout
Southern California including regulatory compliance, waste minimization,
source reduction planning, alternatives analysis, waste generation and
composition studies, legislative analysis, special waste, and household
hazardous waste planning in compliance with the Integrated Waste
Management Act of 1989.
1989 - 1990 Project manager, Solid Waste Planning, Kleinfelder, Industry, California
Responsible for solid waste management activities including.closure and post
closure planning for landfills and hazardous waste sites; permitting;
preparing environmental evaluations and environmental impact reports;
waste management and recycling planning. Project involvement includes
developing projected waste generation rates; waste reduction; landfill
capacity projections; waste flow analyses; implementation schedules; and
funding evaluations.
1986 - 1989 Administrative Assistant, Riverside County Waste Management Department,
Riverside County, California
Provided analysis and recommendations to departmental staff relating to
administration, planning, engineering, and operational aspects of waste
management practices. Served as the principal author of the County Solid
Waste Management Plan and coordinated the County Solid Waste
Mana&ement ask Force during the review, revision, and approval process.
Participated as an advisor on the County Hazardous Waste Management
Plan Advisory Committee (Tanner) and as departmental representative to
various agencies and Board of Supervisors task forces. Took part in the
regulatory approval process for transfer station siting, permitting, and
revision of facility operating permits. Provided CEQA evaluation and
analysis on all project affecting solid waste management.
1985 - 1986 Assistant Planner, City of Lake Elsinore, California
Performed professional planning work in the development and
implementation of long range plans as well as analysis and processing of
current land use projects. Acted as City Land Use Code 'Enforcement
Coordinator and served as the City liaison on revisions to the County
General Plan.
Professional Affiliations
California Resource Recovery Association
American Public Works Association
Southern California Waste management Forum
Select Project Experience
0 Integrated Solid Waste Management Plan, Otay Ranch New Town. San Diego, California
0 Principal Author, County Solid Waste Management Plan. County of Riverside, California.
0 Principal Author, Riverside County Recycling/Waste Reduction Plan. County of
Riverside, California.
0 Environmental Impact Report (EIR) preparation for Sparkes-Rains Landfill. City of
Anaheim, Anaheim, California.
0 Hazardous Materials Storage Area Closure Plan. Diversey-Wyandotte, Santa Fe Springs,
California.
0 Hardwick Disposal Company Landfill, Air Solid Waste Assessment Test (SWAT).
Wilmington, California
0 Arizona Street Landfill Closure Plan, City of San Diego. San Diego, California.
0 California Street Landfill Expansion Feasibility Analysis. City of Redlands, California.
0 Brand Park Landfill Expansion Feasibility Analysis. City of Glendale, California.
0 Environmental Evaluation San Joaquin Road Landfill. University of California Board of
Regents, Irvine, California.
0 Solid Waste Facility Permit Update/Revision, California Environmental Quality Act Initial
Study. City of Redlands, California.
0 County Solid Waste Management Plan. Carson City, Nevada.
0 Source Reduction and Recycling Element and Household Hazardous Waste Element.
Newport Beach, California.
0 Source Reduction and RecyclinElement and Household Hazardous Waste Elements;
Cities of Seal Beach, Fountain Valley, Huntington Beach and La Habra. Orange County,
California.
0 Source Reduction and RecyclingElement and Household Hazardous Waste Elements;
Cities of Banning, Beaumont, Lake Elsinore, Moreno Valley, Perris and San Jacinto.
Riverside County, California.
DEBBIE UBNOSKE
Project Manager
Education
BS Environmental Science, University of California, Riverside, 1979
Summary of Experience
. Ubnoske has eleven years experience as an urban/ nvirorunenta3 planner with a strong
emphasis inolicy Tannin and EA compliance, Her responsibilities cover a range of
environmental activities `inc uding water reservoir and treatment print siting studies, private
development EHVs,as well as public project EI s.
1991 -Present Project Manager, Klein elder, inc,,
Responsibilities include development and preparation of Source Reduction
and Recycling Elements ( RRE) for the cities of Banning, San Jacinto,
Moreno Valley, Elsinore and Perris. Additional responsibilities include
CEQA compliance for a variety of projects.
1988 - 1991 Senior Environmental Planner/Project Office Manager, P&D Technologies,
Inc.
Responsible for managing a branch office consisting of two engineers, two
environmental pplanners, one draftsman, one word processor and one
receptionist. Additional responsibilities included the daily operation of the
office in terms of work load, budget control and miscellaneous administrative
functions,; as well as management of a number of planning jobs and
environmental impact reports.
1980- 1988 Planner,Riverside County Planning Department
Worked in current and advance planning, public information, and community
plans. While in current planning, responsibilities included staff report
preparation and public presentations. As a Supervising Planner,
responsibilities included managing a <staff of six planners at the Public
Information counter and five planners in a Current Planning Division.
Served as staff-liaison for two County Supervisors. Also served as a liaison
with developers and en mi tiers to provide input on project design,
consistency, and compatibility. 'Trained subordinates, evaluated the work of
the staff, and prepared written evaluations.
Professional Affiliations
American Planning Association
Association of Environmental Professionals
Select Project Experience
o Directed the Inland Feeder Study for the Metropolitan Water District. This study provided
information on general plan, zoning, land ownership and development activity for five
proposed pipeline alignments in San Bernardino and Riverside Counties.
o Directed the Mills and Lake Mathews Treatment Plant Expansion Siting Studies for the
Metropolitan Water District.
o Directed the Eastside Reservoir Siting Study for the Metropolitan Water District. This
report assessed potential reservoir saes based on general plan, zoning, and development
activity.
o Participated in a major demographic study of Western. Riverside County for the
Metropolitan Water District. Land use maps were developed and papulation projections
made through the year 2010 in order to ascertain future water demand in the County.
o Directed the Mission Crest EIR, a 1,000-acre development consisting of a mix of
residential,commercial and open space.
o Directed the McSweeny Farms - East EIR. The EIR addressed environmental issues
associated with a related Specific Plan for a variety of land uses (residential, commercial,
recreational open space), on approximately 700 acres south of the City of Hemet in the
unincorporated area of Riverside County.
o Directed the Ontario Center Supplemental EIR, a 700-acre development consisting of
integrated commercial and retail services, specialty shops,light industrial,and residential.
o Assisted in the Route 30 EIR/EIS for Caltrans - District 8 and San Bernardino Associated
Governments. The study addressed the develoment of a 28-mile freeway and/or
expressway along the base of the San Gabriel Muntains in Los Angeles and San
Bernardino Counties.
o Assisted in Source Reduction and Recling Element and Household Hazardous Waste
Element preparation for five cities in grange County and six cities in Riverside County,
California.
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