Loading...
HomeMy WebLinkAboutContracts & Agreements_226-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of general operational support services associated with the City of Redlands' landfill ("Agreement") is made and entered in this 5th day of November, 2013 ("Effective Date"), by and between the City of Redlands, a municipal corporation("City)" and Geo-Logic Associates ("Consultant"). City and Consultant are sometimes individually referred to herein as a. Party- and,together, as the "Parties." 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 provide general operational support services for City's landfill (the 'Services"). 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 like and similar types of Services. 1.3 The term of this Agreement shall be for a period of three (3) years commencing as of the Effective Date and shall end on November 4, 2016, unless terminated earlier as provided for herein. ARTICLE 2—SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A."entitled"Scope of Services," which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3,1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Fred Cardenas. Quality of Life Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. - I - C'Documenti and Settintzs'%DparciaDesktop',.Geo-i-ogic Agreement ffinalydoc ARTICLE 4—PERFORMANCE OF SERVICES 41 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit'*B," entitled -Project Schedule,"which is attached hereto and incorporated herein by reference. The Services shall commence within ten(10)days of the Effective Date of this Agreement. 4.2 At any time during the Term of this Agreement, City may request that Consultant perform Extra Services. As used herein. "Extra Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent(20%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties, by written 7 amendment to this agreement, executed by the City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City-. 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a fort-n, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City Staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall be in the amount of two hundred four thousand five hundred thirty three dollars($204,5333). City shall pay Consultant in monthly progress payments for the Services performed for each billing period. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, and the number of hours spent and by whom, and a description of reimbursable expenses related to the project. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. A)ocumenN and SettikasDgarciaiL'---sktop\(Yeo-[,.ogic Agreement(finalydoc 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: City Consultant Fred Cardenas, Director Anthony Pelletier, Principal Quality of Life Department Geo-Logic Associates City of Redlands 250 West First Street, Suite 228 35 Cajon Street, Suite 222 Claremont, CA. 91711 P.O. Box 3005 (mailing) Redlands,CA 92373 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 to be given by giving notice pursuant to this section 5.3. ARTICLE 6—INSURANCE AND INDEMNIFICATION 6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty(30)days prior written notice to City. w 6.2 Consultant shall secure Workers' Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California, with an insurance carrier acceptable to City as described in Exhibit"C," entitled "Workers' Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference. 6.3 Consultant shall secure 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. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Consultant shall secure professional liability insurance in the amount of One Million Dollars($1,000,000) per claim made. 6.5 Consultant shall secure business auto liabilitv covemze, with minimum limits of One Million Dollars($1.000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional C:0ocumerits and setting s\Dg arciaDesktop'Geo-Logic Agreement(finalydoc insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. 6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by and negligent act or omission, or willful misconduct, of Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7—CONFLICTS OF INTEREST T I Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any,other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i) the making or any City governmental decisions regarding approval of a rate, rule or regulation, or the adoption or enforcement of laws; (ii) the issuance, denial, suspension or revocation of City permits, licenses, applications, certifications, approvals, orders or similar authorization or entitlements; (iii) authoring City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) granting City approval to a plan, design, report, study or similar item: (vi) adopting or granting City approval of policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City*s Conflict of interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests. Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the Citv Clerk's office pursuant to the written instructions provided by the City Clerk. - 4 - G�IDOCLHnem_-and SettingI}garcia=l esktop',Cjeo-t-ogic Agreement tfinalydoc ARTICLE 8—GENERAL CONSIDERATIONS 8.1 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, including fees for the use of in-house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms, and conditions of this Agreement. 8.3 Project related documents, records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, 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, shall be at City's sole risk. 8.4 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Consultant or Consultant's employees,except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assignedemplov ersonnel ed by Consultant are for its account p w only, and in no event shall Consultant or 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. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.5 Unless earlier terminated as provided for below,this Agreement shall terminate upon completion and acceptance of the Services by City; provided, however this Agreement may be terminated by City, in its sole discretion, by providing ten {1 0)days prior written notice to Consultant(delivered by certified mail, return receipt requested)of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall 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. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5)days of the date of the termination notice, deliver or otherwise make available to City, copies(in both hard copy and electronic form, where applicable) of project related 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 Services completed up to the date of termination. _ 5 - C'Doctiments and SeftingsiDga.-cia',,L)�sktc)p"(;eo-t-ogic Agreement(final fdoe 8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years,or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 This Agreement, including the Exhibits 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 verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences. clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Geo-Logic Associates /14 A 117 A y By: By: Pete Aguirar. Mayor Antho'liv"'Pelletier, Principal Attest: Sam uin, Ciq-, Clerk - 6 - C:'J)ocurnents and SeqineDpreiat%Desktop,(3eo,-f.otiie Agreement(final)doc m�� � ������ �� ��� ������ ��������� ASSOCImnEa~�' EXHIBIT A SCOPE OF SERWES GLA will provide General Operations Support in the City of Redlands (City) for the California Street Landfill ([SL). Based onproviding past operations support tothe City and our knowledge ofupcoming tasks,xxehave divided the scope ofservices into four tasks: m Task 1—General Landfill Op, rahonsSuppomL m Task 2-5-YearAmmendment/Updateto the]TD V Task 3-Landfill Gas CoAectionK8aiter Pian an-al Phase 3Dea|gn N Task 4'Non-Water R-elease Correur|ve Action P|mn Yearly operations support includes tasks that will be required on an on call or periodic basis. Our cost estimate has been developed based on the tasks outlined above and our knowledge and history ofperforming these services for the City. Several permitting and design tasks have been identified by the Project Team that will be required to be completed during the three-year contract period. The work to be performed for each ofthe two categories listed isdiscussed inmore detail below. Task I—Gmnera| LandRliOperadonaSuppo/t The following subtasks have been identified to be part of the yearly operations support for the site. ° Support to landfill operations regarding drainage enhancement, berms, roads,excavation, winter decks,sequencing, compaction and other items as necessary. a Prepare requested sequencing plans and drawings. a Periodic meetings with staff, un-site. a Landfill master planning consistent with current and final grading for the site. a Prepare drawings showing the fill sequencing, locations ofroads,winter decks,drainage structures,etc., by making uses of annual fly-over and current survey information. a Provide the City with interim fill drawings every six months and meet with staff on-site a minimum offour(4)times per year. m Assist the City in the preparing correspondence, reports, responses, requests, inquiries and corrective action plans to regulatory agencies on an as-needed but periodic, basis;. a Provide analysis and evaluation ofexisting fill and cover operations. a Evaluate and provide suggestions toimprove monthly inspection reports from the Local Enforcement Agency. GLA will coordinate with the City's staff to outline specific tasks as necessary. A rninirnurn of four meetings will bescheduled with the City each year t0discuss operational issues, tasks, and deliverables. The project team will be available for additional meeting asrequested bythe City. City mfRedlands| Scope of Consulting Services for the California Street Landfill � �� � ������ �� ��� ������ m�"������� A S S 0 C I AnE S.�r For the last 15 years, the GLA project team has prepared the interim fill sequencing drawings for the City on a semi-annual basis and has a unique understanding of the needs and requirements ofthe CSL. GLA will work with the City and the surveyor to develop interim fill sequencing plans every six months or as directed by the City. The sequencing plans will utilize the final fill plan developed by GLA in the site JTDand will include the necessary access roads, drainage benches, drainage structures, and berms. The sequencing plans will consider interim conditions such as waste truck and operations access, seasonal issues, and stormwater run-on and run-off. Drawings showing the location and size ofwinter filling decks will be provided tothe City once a year, prior to the rainy season, or as needed. The winter filling decks will be located and designed tominimize storrnvvaterrunoff and other operational issues. All drawings and plans will be prepared in AutoCAD Civil 3D 20I3 and will beprovided to the City as both electronic files and hard copies. Electronic copies of drawings requiring field staking will be supplied to the City's surveyor for use in the field, GLA has an excellent working relationship with the City's Surveyor, Aero Tech Surveys, and will coordinate with them to obtain the latest survey information or, with approval from the City, request that the surveyor perform specific surveys. GLA will also provide information to Aero Tech to stake out fill plans in the field and define grading requirements for the site operations personnel. Asinpast years, GLA will assist the City indealing with issues raised bythe regulating agencies. We will prepare correspondence, reports, and responses to the regulators as needed to keep the City and [SL in gond standing. These reports may include work plans for necessary corrective actions such as exceeclances with methane in perimeter probes. As directed by the City, GLA will evaluate the current operation procedures and make suggestions to improve the efficiencies of the operations. This may include a detailed evaluation of the compaction and daily cover placement procedures in order to ensure proper utilization of the soils atthe site while maintaining adequate cover to keep the site dean and free 0fvectors such asbirds, rodents, and insects. �aimk3-Year Amendment/Upd.atetoffie]T0 In accordance with Title 27, a Periodic Site Review (PSR) must be performed every five years for the [5L This5'year PSR is currently being performed by the local enforcement agency (LEA), the San Bernardino County Department of Health Sen/ices, The LEA is examining the existing site documents and operations to ensure that the site has been designed, and is being operated and monitored in accordance with the current State and Federal landfill regulations.The 5-year PSR also identifies areas where documentation of the operations must be updated for compliance. As discussed with the City, there have been modifications to the footprint of the landfill waste disposal area resulting from the sale of the parcels to the south of the site between Nevada Street and California Street and Pa|rnetto. Although the Phase 3 cell was modified and City mfRedlands| Exhibit AmnProvide Consulting Services for the California Street Landfill 2 Geo—Logic A S S 0 C I A T a S approved by the regulating agencies, the overall footprint changes have not been incorporated into the remaining master planning documents for the site. The change inthe footprint will require that the sequencing plans and fill plans be modified along with the closure grading plans. The footprint change will reduce the amount of waste that can be placed at the site unless the landfill height is increased. A height change would require a review under the California Environmental Quality Act ([E{}A) which may take several years to coordinate and complete. Barring the [E[kA review and approval of height increase, the reduced footprint and volume will likely result in a change in the site life of the |endM||. These modifications will trigger the need to prepare a RevisedjTD under the Title 27 regulations, GLA will prepare the Revised ]TD to meet all Title 27 requirements as well as any special requirements of the LEA and other agencies. Several amendments to the 2008]T0 have been prepared by the City and GLA staff over the course of the last five years. Each of these amendments was relatively minor in nature in order to accommodate changes to the operations and design. ARevised]TD |sagreater undertaking and will encompass the complete overhaul ofthe]TDand closure plans. �aik3-Landfill Gas Collection K8aster Plan and Phaue3D�ai�n Due to change-over ofpersonnel and consultants at the CSL over the past few years, normal operations and maintenance and installation of components for the landfill gas collection system (LFG[S) have been delayed. It is reported that the CSL currently hes some probes adjacent to Phase Zthat exceed the 596 regulatory limit for methane. These detections are believed tobe (at least in part) a result oflandfill gas migration from Phase Zbecause there is insufficient gas extraction occurring within the cell. Gas migration is occurring even though Phases 1 and 2 are geornernbrane lined. There could be several reasons for this including improper installation of the membrane anchor trench which can be a mechanism for gas flow from the landfill. Additionally, gas might be escaping from the leachate collection system. A plan needs to be prepared to evaluate this problem and implement solutions tmcorrect the problem. GLA and oursubcnnsu|tanL GC Environmental (GCE) recently completed the preparation of the detailed design and bid package for construction of gas collections vve|b in the Phase 1 and Phase 2 landfill cells and upgrades to the existing collection and flaring system for the site. A priority has been placed on construction of the upgrades due to the detected methane in landfill gas probes adjacent to Phase 2. These upgrades will be installed in the next two months, The Phase 3 cell is filling quickly; therefore, additional horizontal collection piping should be installed and connected to the main header system to prevent similar gas migration issues that have occurred near Phase 2, As animmediate priority, GLA will coordinate with GCE tOevaluate the Phase 3@rea to determine the horizontal collection well requirements that can be installed in the next few months and prepare design plans for them. This will likely also include an extension ofthe buried landfill gas header located around the perimeter of the expansion liner system. City ofRedlands | Exhibit mmuProvide Consulting Services for the California Street Landfill 3 Geo-Logic �' � u�� ��� �����=�������� A S S 0 C m An s S~�` Then as a second priority, GCE will develop a master plan for the City Loestablish the location and layout offuture components and get the City onaregular schedule for installation ufnew piping and wells for the LFG[3. As part of the master plan, the GLA Team will perform calculations to evaluate the expected performance of wells and header pipes toverify that they can South Coast Air Quality Management District (SCAQMD) regulatory standards. GLA will provide GCE with the site waste capacity information to perform modeling in order to determine the landfill gas quantities (including methane and other greenhouse gases) that may be generated throughout the remaining life and post-closure period of the CSL. GCE would also like future landfill fill plans and sequences, and the historical landfill gas collection data so that the methane generation/collection model can becalibrated. Recommendations for improvements to the system will be discussed with the City prior totheir incorporation into the final LFGCS master plan document. Items to be included in the LFG[5 master plan are a summary of the system requirements, a detailed description of the method used for landfill gas calculations, layout drawings for the system, and a proposed schedule for installation.This document then will be attached to the revised JTD and SWFP for the site. �gamk 4-Non-Water Reiease n~ectiveAction,Plan, In 20I1, Ca|Recyc|eadopted requirements for landfills to prepare non-water release corrective action p(ans (NVVR[APs) in order obtain financial assurance for potential releases during the active life and post-closure period. To date, a NVVRCAP has not been performed for the CSL GLA will prepare a NVVRCAP, pe/hzrnn the necessary engineering analyses, and prepare cost estimates for determination of the financial assurance requirements at the site. The NVVR[AP will then be incorporated into the post-closure monitoring plans to fulfill the individual site requirements for financial assurance inaccordance with Title Z7. This work will be performed in accordance with 27 CCR Section 22100 and will include descriptions of the potential events and costs related to the "known or reasonably foreseeable" impacts due to non-water releases. As described in the [a|Recydo's technical guide for NVVRCAPs' the City has the option of funding for the Corrective Action based on three scenarios: 1) the highest corrective cost provided by NVVRCAP� Z\ the cost based un replacing the cover;or3)the cost ofthe completing the closure ofthe site. The City has noted in the RFP that they wish to perform the NVVR[AP in order that repairs dm not include the replacement ofthe entire landfill cover. The technical guide states that the NVVR[AP "is required to provide an assessment of the known or reasonably foreseeable impacts due to causal events and the costs to remediate the known or reasonably foreseeable irnpamts°. Specific causal events identified in the regulations include: earthquake,flood, precipitation, tsunami; se|che' and fire. In addition tothe causal events (per the technical guide), the NVVRCAPvxU! also include the following: City ofRedlands| Exhibit AmoProvide Consulting Services for the California Street Landfill 4 Geo-Logic � � � 8�� ��� ������ ��������� AS SO CmwTES~�r � An evaluation of the long-term performance of the final cover system to ensure that it will continue to meet the requirements of 27 [[R Section 21140 without the need for corrective action;and � Provisions to restore the integrity or establish the adequacy of a damaged or inadequate containment structure or environmental monitoring or control system, to bring a landfill into compliance with the applicable requirements. GLA will prepare a draft of the NVVR[AP and associated coot estimate for the post-closure financial assurance requirements ofeach landfill for review bythe City. After review bvthe City, GLA will revise the NVVR[APfor submittal tothe Local Enforcement Agency /LEA\, [a|Recyc|e, and the Regional Water Quality Control Board /RVV[\CB\. Our staff will then respond to questions orcomments on the document and then finalize the NVVRCAPfor inclusion in the Post-Closure Plan. City of Redlands I Exhibit A to Provide Consulting Services for the California Street Landfill � Geo-Logic ASSOC I AT ES EXHIBIT B PROJECT SCHEDULE GLA will provide General Operations Support to the City of Redlands (City) for the California Street Landfill in accordance with the following schedule. Task Description Schedule for Completion Task, I General Landfill Orve,,radons Suipp--,e t November 2013 through Contract Completion Task 5-Year Amendment/Update to he j TD November 2013 to January 2015 Task 3 - Landfill Gas Collection 0dlaster Plan and November 2013 to January 2015 Pha,se 3 Design Ta5k 4 - Non-Wate- Release Corrective ActionI January 2014 to January 2015 Plan City of Redlands 1 Schedule to Provide Consulting Services for the California Street Landfill EXHIBIT licit WORKERS' COMPENSATION INSURANCE CERTIFICATION Landfill General Operational Support Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self= insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code §1861). Geo-Logic Associates Date: Uz ', /1 By: A ry Anthony Pelletier, Principal Contractor's License No. C-1