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HomeMy WebLinkAboutContracts & Agreements_117-96_CCv0001.pdf AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE LANDFILL GAS COLLECTION SYSTEM PROJECT This Agreement is made and entered into this 3rd day of December, 1996 by and between the City of Redlands,a municipal corporation(hereinafter "City")and HDR Engineering, 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 design engineering services for the landfill gas collection system("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 Work,"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-owned property as required by Engineer to perform the Services. 3.3 City designates Valorie Shat-yrnski, 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:hdr1fg.agt ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Engineer's performance of the Services shall not exceed$11,395 in accordance with Attachment C -Budget. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment D - Rate Schedule. 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: C LAY EnQinee Valorie Shatynski Mark Urquhart, P.E. Municipal Utilities Department HDR Engineering, Inc. 35 Cajon Street Suite 1600 P. 0. Box 3005 2600 Michelson Drive Redlands, CA 92373 Irvine, CA 92612 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. Engineer shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per occurrence. City shall be named as an additional insured under all policies for public liability,property damage and comprehensive automobile liability and professional liability insurance,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 A:hdrlfg.agt 2 Services. 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, Project Manager: Mark Urquhart P-E., HDR Engineering,Inc.,and Design Engineer of Record: Scott Hill P.E.,Ecogas. 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. A:hdrlf-,,Vt 3 7.8 If this Agreement is terminated by City, 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 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 other-,vise 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 HDR Engineering, Inc. {"City") ("Engineer") By: SWEN LARSON L Mavor ATTEST: City 5ferk, City ob Q- ands A:hdrtfg.agt 4 ATTACHMENT A SCOPE OF WORK n:ndrtfg.agc DESIGN ENGINEERING SERVICES LA-NDFILL GAS COLLECTION SYSTEM PROJECT CALIFORNIA STREET LANDFILL ATTACHMENT A SCOPE OF WORK PURPOSE The purpose of this work is to provide the City with design engineering services and to prepare bid documents that will be used to hire a contractor to install horizontal landfill gas collection piping in the landfill. Collection system pipes will be installed at active landfill grades in order to ultimately collect and control landfill gas from the upper zone of the landfill, including the planned vertical expansion. Landfill gas control is required by local air district, state and federal regulations. SCOPE OF WORK MR will develop construction quality drawings and bid specifications for the installation of one layer of horizontal gas collection wells at the California Street Landfill. The design is assurned to include plans for installation of perforated piping in gravel lined trenches. The bid plans and specifications will include the horizontal collection system or1y, with stubs being installed for future connection to headers and laterals of the collection system. This will allow the City to connect the horizontal system at the optimal point in time in operations. Future headers and laterals will be shown conceptually only on a plan view. It is :he intent of this plan to provide guidance for the development of construction drawings and specifications for header connections and laterals at the optimal point in the future. The specifications will include requirements for the Contractor to supply a Health and Safety Plan for the project. The plans and specifications will include details for Line contractor to install landfill gas monitoring probes. HDR will submit plans and technical section specifications for 80% review to the City. We propose the City will provide a copy of the City's standard "front end" of the specifications to MR in WordPerfect format. Based on the City's markup of the specification package, HDR will provide the City two bound and one unbound reproducible copy of the finalized plans, technical specifications, and complete bid package. After bidding is complete, and the construction contraL-, awarded, we have included three hours for the MR team to review the Contractor's Health and Safety Plan and provide a memo to the City regarding the adequacy of the plan. Key assumptions in the scope of work and budget include: • The City of Redlands will provide a topographic map of the facility in AutoCad or Microstation format no older than I year from the notice to proceed for this contract. • General specifications and contract documents will use MR Masser Specification system and follow standards developed by the Engineers Joint Contract Documents Committee. • RDR assumes that the SCAQMD permit modification will not be required. • That the City will provide the required general provisions and "front end" of the specifications to MR on disk in Word Perfect format, DESIGN ENGINEERING SERVICES LANDFILL GAS COLLECTION SYSTEM PROJECT CALIFORNIA STREET LANDFILL Additional services for the project that are not included in this proposal,but Could be included as additional work,as needed, include: • Costs for advertising or reproduction of bid documents • Answering questions during bidding • Attending or conducting a pr---bid meeting • Bid review and recommendation on lowest responsive bidder • Developing a Health and Safety Plan (will be a Contractor requirement) • Any health and safety tailgate or site meetings • Construction plans and specifications for conveyance headers, laterals, or condensate management components, These are assurned to be constructed in the future. 96216/scope.doc ATTACHMENT B PROJECT SCHEDULE A:hdrlfg.agt DESIGN ENGINEERING SERVICES LANDFILL GAS COLLECTION SYSTEM PROJECT CALIFORNIA STREET LANDFILL ATTACHMENT B SCHEDULE HDR will complete 80%technical specification section-,and plans within three weeks of notice to proceed and receipt of electronic base map CARD files from the City. HDR will complete the final specification package within two weeks of receipt from the City of the,City's standard bid provisions on disk and the City's comments on HDR's 80% submittal. 96216/scope.doc ATTACHMENT C PROJECT BUDGET A:hdrlf.g.agt DESIGN ENGINEERING SERVICES LANDFILL GAS COLLECTION SYSTEM PROJECT CALIFOILNIA STREET LANDFILL ATTACM4E.NT C BUDGET HDR's cost estimate to provide the services in this proposal is a total of$1A 1,395 based on the c' , eata iled cost breakdown on the attached table. Work will be performed on a time and materials bads based on HDR's fee schedule, which is Attachrnent D. Redlands Horizontal Well System Hid Specifications LABOR ExPsa s IM Sealor F•nnleot Serliorw6300 Fechl` Wont L.ebor Labor Expense Cansidien Mona of Engwvv neer CAD Psncesaa Admin.Noun: Cast Computer Ri ro. Phone Travel Sutra 11198C. Coast Total i1w" $140 31 is $194 °- $ S6Q $45 S45 isw MJU1C CHR Asp a AW n Ass[ n Hili itic 1 KOtF#9ysberat Data C1 2 2 0 0 2 6 5492 $ - $ 20 S 20 $ $ 203 S $240 $732 2 Cq l>1 outdn alanar 0 2 3 4 40 0 0 19 $1.514 $ 160 $ 20 $ 20 $ $ 6011 $ 25 $1,045 $2 3 D-it SE t[TUcrss- �-_ 1 2 12 0 14 0 29 $2,022 $ 168 $ 150 S 20 $ $ 600 $ 25 $963 $2,965 4 City Fleutmv 0 4 3 0 0 1 8 8764 $ - $ - $ S 20 $ 300 $ $320 $1,084 5 lFirialize Plans 0 2 5 3 0 0 10 $W7 $ 54 $ 20 S 20 $ $ 600 S $694 $1,631 6 Go b Coanpiete Specs fl 7 9 0 6 0 21 $1,762 $ 72 $ 150 S 20 $ $ 500 $ !-1742 $2,504 C3TAL 4 WRS 1 19 3 34 13 20 3 93 7341 TOTAL COST $140 $2,204 $34Y $2,890 $780 1 5900 1 $134 1 $7,591 $474 $360 $100 $$20 $3,000 Sba $4,004 511 396 BUDGET RSS13MPTEONS BY TASK NUMBER 2--Matt pians and delaats will he na me m than 2 sheels 6 A*,-mates MH H l l"er Weeclicatiwst used lot 48t:intuil sactiearas. 9+tCt ofto ds ATTACHMENT D RATE SCHEDULE A:hdrlfg.agt DESIGN ENGLN.EERiNG SERVICES LANDFILL GAS COLLECTION SYSTEM PRGJECT CALIFORNL46 STREET LANDFILL ATTACI-IMENT D RATE SC ULE 'f0[i{i1Y1lpt'iii Grade Hourly Rate Company Officer/PrinLipal in Charge 1:40 5160.00 - 170,00 Senior Consultant QA,/QC E-9 130.10 - 160.00 Principal Engineer E-8 120.00 - 150.00 Senior Project Manager E-7 115.00- 145.00 Project Manager E-6 110.00 - 135.00 Senior Engineer/Planner E-5 105.00 - 120.00 :Associate Engneer/Planner E-t 95.00 - i 15.00 Assistant Engineer/Planner E-3 8{1.001 - 110.{){1 Staff Engineer/Piaisner 75.00 -911.00 Junior Engtneer/Pfanner Ell 65.00 -80.0{} Technician manager T-5 75.00 -85.00 Senior Technician/Graphics Designer T-4 65.00 -75.00 Technician/Graphics Designer T-3 5.00 -65,f10 Assistant Techniciar./Graphics Designer T-2 45.00 -60.00 Junior Technician'Graphics Designer T-1 40.00-50.00 Ad- ni nistrative Manager M-5 70.00 -80.00 Senior Administrator �ri-� 55.00 -70.00 A:3rair*iscratctr M-3 50.00 -611.00 Assistant Administrator M-2 40.00 -50.00 Junior Administrator M-i 35.0{1-45.OQ Administrative Assistant C-5 45.00 -55.00 Wore Processor C-4 40.00 -50.00 Secretary zl ret tt3r C-3 35.00 -45.00 Clerk C-2 30.00 -40.00 J�tnicr Clerk C-1 X5.00-35,0{} Construction Manager 110.00 -125,041 Resident Engineer 90.041 - 110.00 Senior Inspector instcr 60,00 -70.00 45.00 -60.00 EXPENSES In-House Exoen R Computer for CAD Application, (Hourly) $ 15.00 R Computer for EngineerinVSpreadsheetsiWord Processing(Hourly) 'VehicleMileage` (Per m i ) .31 amide Exp -At Cast Plus 15 H'imd Service-Subconsultants, typing services,etc. Miscellaneous Supplies-Publications,printing,equipnxnc rental,etc.. 96216fscope.doc