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HomeMy WebLinkAboutContracts & Agreements_224-2005_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR LANDFILL GAS ENGINEERING SUPPORT AND REPORTING FOR THE CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 15th day of November, 2005 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Janechek and Associates, hereinafter("Consultant"). In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform professional engineering services for landfill gas engineering support and reporting for the operation and expansion of the City's California Street Landfill (the "Services") located at 2151 Nevada Street, Redlands, California. 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 the Services to City at a 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 described in Exhibit"A,"entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including,but not limited to, all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et seq and non- discrimination laws including the Americans with Disabilities Act and the Fair Employment and Housing Act. 2.3 Consultant further understands that if it violates the provisions of the Labor Code relating to prevailing wage, that City may enforce the Labor Code by notice of the withholding of contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726, 1727 and 1771.6. 2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the Services, that Consultant shall comply with Labor Code sections 1775 and 1777.7, by providing the subcontractor with copies of the provisions of sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay I prevailing wages may be enforced by the City pursuant to Labor Code sections 1775 and 1813. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in City's possession that is relevant to the performance of Consultant's Services. 3.2 City will make provision for Consultant to enter upon City-owned property to perform the Services. 3.3 City designates Gary Van Dorst to act as its representative with respect to the Services. ARTICLE 4- PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule." ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$99,446. City shall pay Consultant on a time and materials basis in accordance with the estimated amounts identified in Exhibit"C"entitled"Project Fee," and based upon the hourly rates shown in Exhibit "D," entitled "Rate Schedule." 5.2 Within ten days following the end of each month Consultant shall submit an invoice to City indicating the portion of the Services performed, who performed the Services and costs incurred. 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 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 Gary Van Dorst Alan Janechek, Principal Municipal Utilities Dept. Janechek and Associates PO Box 3005 248 Hill Place Redlands, CA 92373 Costa Mesa, CA 92627 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to whom notices and payments are 2 to be given by giving notice pursuant to this section. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement shall be maintained by Consultant during its performance of the Services and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall not commence the Services unless and until all required insurance listed below is obtained by Consultant and Certificates of Insurance and endorsements evidencing such insurance are presented to City. All insurance policies shall include a provision prohibiting cancellation, except upon thirty (30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout its performance of the Services in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City,its elected officials and employees for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees. Consultant agrees that its obligation to indemnify,defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify,defend and hold harmless are valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout its performance of the Services comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout its performance of the Services in the amount of one million dollars ($1,000,000)per occurrence and two million dollars($2,000,000)annual aggregate. 3 6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million dollars {$1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant-owned vehicles used in connection with its performance of the Services, hired and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from assigning any of the Services without the prior written consent of City. In the event of mutual agreement between the parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured to Consultant's insurance policies and provide City with insurance endorsements prior to any Services being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless City,its elected officials,officers,employees and agents from and against any and all actions, claims,demands,lawsuits,losses and liability for damages to persons or property,including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation,political subdivision or other organization arising out of or in connection with Consultant's negligent and/or intentionally wrongful acts or omissions in performing the Services;but excluding such actions,claims,demands,lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. 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 All documents,records,drawings,designs,cost estimates,electronic data files,databases and other documents developed by Consultant pursuant to this Agreement and any copyright interest in such documents 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 and any use of incomplete documents will be at City's sole risk. 7.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services. 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. 4 7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 7.5 This Agreement may be terminated by the City, without cause, by providing five (5) days prior written notice to Consultant of intent to terminate. 7.6 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,and 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. 7.7 Upon receipt of a termination notice,Consultant shall immediately discontinue all Services, and within five (5) days of the date of such notice, 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. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in performing the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.9 This Agreement,including the attachments incorporated herein by reference,represents the entire agreement and understanding between the parties as to the matters contained herein, and any prior negotiations,written proposals or agreements with regard to the subject matter hereof between City and Consultant are superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by City Council of City and signed by City and Consultant. 7.14 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS JANECHEK AND ASSOCIATES By: By: stALANJANEeHEK MrPEPPLER (I U or Principal ATTEST: City Clerk, City of 1ds h 6 EXHIBIT A SCOPE OF SERVICES SERVICES for the LANDFILL GAS SYSTEM at the CALIFORNIA STREET LANDFILL 7 SCOPE OF SERVICES INTRODUCTION This project will consist of three work tasks as described below to assist the City of Redlands with issues related to the landfill gas (LFG) collection system at the California Street Landfill. The proposed tasks are; Monitoring Support and Horizontal Expansion Support. TASK I-. Monitoring Support This task includes assisting the City of Redlands staff with monitoring of the LFG collection system, including preparation of reports, maintenance of the LFG database and technician assistance. The major items of work are described below: 1. Monitoring Assistance — This item consists of providing assistance to City staff when conducting the required SCAQMD monitoring and adjusting and balancing the landfill gas collection system, balancing as needed to support the LFG recovery facility. 2. Annual Inspection and Maintenance—This item consists of conducting an annual inspection of the LFG collection system and flare station. A report of recommendations will be submitted to the City. This item also includes assisting the City staff in conducting annual maintenance tasks. Two annual events are included in this scope of work. 3. SCAQMD Report Preparation — This item consists of assisting the City with preparation of the SCAQMD Quarterly report. Field data will also be reviewed monthly as part of this item. 4. Miscellaneous Regulatory Support — This item consists of support as needed by the City for assistance with regulatory response and negotiation. 5. Flare Source Test Assistance—This it will consist of providing support to the City during the annual flare source testing. Assistance will include assistance with procurement of the testing company, review of the source test protocol, observation Xof testing, and review of the test report. Two annual events are included in this scope of work. 6. SCAQMD Lab Analysis—This item provides a budget for the cost of outside lab analysis of probe and surface emissions samples. 7. Materials Purchase-This item provides a budget for small, non-recurring material purchases related to construction or maintenance. Materials will be provided on an as needed basis at the request of the City. 8 TASK 2: Horizontal Expansion This task consists of items of work related to design of additions to the LFG collection system as part of the expansion of the landfill. The major items of work for this task are described below: 1. Landfill Expansion LFG System - This item will consist of providing conceptual design and construction of additions to the LFG collection system as needed in conjunction with the landfill expansion design, particularly the construction of additional pipeline and horizontal LFG wells. 9 EXHIBIT B PROJECT SCHEDULE 10 PROJECT SCHEDULE TASK COMPLETION DATE Monitoring Support November 30, 2006 Horizontal Expansion November 30, 2006 EXHIBIT C PROJECT FEES 12 JANECHEK AND ASSOCIATES PROJECT FEES CALIFORNIA STREET LANDFILL CATEGORY TASK MONTHLY ANNUAL RATE SUBTOTAL HOURS HOURS MONITORING SUPPORT Monitoring Assistance 16 288 90 -Technical Assistance 16 288 45 $38,880 Annual Inspection and 48 90 $4,320 Maintenance SCAQMD Rpt. Prep. 6 108 90 $9,720 And Data Review Misc. Regulatory Support 80 90 $7,200 Mileage 5400 miles @ $ 0.39/mile $2,106 Flare Source Test 48 90 $4,320 SCAQMD Lab Analysis $10,000 Misc. Material Purchases $10,000 SUBTOTAL MONITORING SUPPORT $86,546 HORIZONTAL EXPANSION Engineering Design 120 70 $8,400 LFG System Construction 48 85 $4,080 (Design& Construction) Mileage 1200 miles a, $0.35/mile $420 SUBTOTAL HORIZONTAL EXPANSION $12,900 TOTAL BUDGET ESTIMATE $99,446 13 EXHIBIT D RATESCHEDULE 14 JANECHEK& ASSOCIATES Rate Schedule for City of Redlands 1. For hourly workers, time worked in excess of eight hours per day and weekend work will be charged at 1.5 times the hourly rate. 2. Outside services will include a 5%markup unless listed in the project scope of work. RATESCHEDULE $90/hr Principal Engineer $90/hr Electrical Engineer $85/hr Electrical Designer $55/hr Construction Manager $45/hr Drafter $45/hr Environmental Technician $45/1r Construction Uborer $0.35/mi. Mileage $18.00 each D-Size Plots(Mono) $32.00 each D-Size Plots(Color) $7.50 each Drawing Bluelines 15