HomeMy WebLinkAboutContracts & Agreements_109-96_CCv0001.pdf AGREEMENT TO FURNISH
ENGINEERING SUPPORT SERVICES FOR REGULATORY COMPLIANCE ISSUES
FOR THE 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 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
engineering support services for regulatory compliance issues ( "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 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.
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ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Engineer's performance of the Services shall not exceed$30,000,
in accordance with Attachment C - Fee. 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:
Civ Engineer
Valorie Shatynski Mark Urquhart,P.E.
Municipal Utilities Department HDR Engineering, Inc.
35 Cajon Street Suite 1600
P. O. 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
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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 is:Mark Urquhart,P.E. -Project Manager. 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.
7.9 If this Agreement is terminated by City, an adjustment to Engineer's compensation shall be
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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 HDR Engineering, Inc.
("City") ("Engineer")
/Of
By:
SWEN LARSON LcsL
Mayor V'�Fofi,Awr
ATTEST:
City erk, City dlands
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ATTACHMENT A
SCOPE OF WORK
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ENGINEERING SUPPORT FOR REGULATORY COMPLIANCE ISSUES
CALIFORNIA STREET LANDFILL
ATTACHMENT A
SCOPE OF WORK
PURPOSE
The purpose of this work is to provide on-call, responsive support to the City of Redlands
in technical and regulatory issues related to the California Street Landfill (CSL), as they
arise. The CSL has been under increasing, intense regulatory scrutiny due to added
requirements for environmental and operational compliance. Additionally, pressures in
the solid waste industry related to competition for waste streams and control of disposal
facilities have complicated landfill planning, operations, and regulatory involvement,
particularly for those still operated by municipalities, such as the CSL. The frequency of
occurrences in which immediate technical support is necessary for the City to respond to
regulatory agencies and maintain regulatory compliance has increased, resulting in the
need for on-call services.
SCOPE
The scope of work presented here is intentionally brief and somewhat broad, so that the
project team has the flexibility to respond to changing or new issues as they arise and are
identified by the City. The scope will be limited to a large extent by the budget, and no
work will be conducted beyond the specified limit without authorization by the City. The
scope of work has been broken into the potential tasks listed, based on the current
regulatory status of the CSL, as well as the planning path for the facility during the
remainder of this fiscal year(through June 1997), and beyond.
TASK 1 - REGULATORY COMPLIANCE TRACKING
At the City's direction, HDR will monitor and assess status on issues related to
landfill planning, permitting, and regulatory compliance, (including proposed or
anticipated enforcement or - legislative changes), which could have a direct effect
on operations and planning strategies for the CSL.
TASK 2- TECHNICAL ANALYSIS IN RESPONSE TO REGULATORY
DEMANDS OR REQUESTS
At the City's direction, HDR will provide technical and engineering support to the
City in response to regulatory demands and/or requests. This is necessary because
regulatory agencies take a more active role in landfill operations and planning as
landfills near closure. The agencies are obligated under the regulations to ensure
proper closure plans two years in advance of the closure date, including the
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complexities of closure activities, i.e., design of final ever, and long-term
environmental control systems. Because the current permit for the CSL projects
an estimated site life through April 1998, and the Preliminary Closure Plan (the`
most current of the two documents),projects estimated site life through November
1 (increased life; due to recycling programs in Redlands), the agencies have
significantly increased their involvement and oversight of the CSL, along with
increased comment and inquiry regarding planningfor technical:closure issues.
TASK 3- ENGINEERING CONSULTING FOR PLANNING PROJECTS
R will provide technical and,engineering;support and advisement to the City at
the City's request, regarding planning for closure, vertical expansion, and
horizontal expansion, including identification and prioritization of projects or
tasks necessary to meet compliance and processing schedules with agencies. The
current planning path at the City for the CSL includes a logical progression of
expansions, with a. timeline which is driven by constraints in the environmental
and permitting processes in the State of California. Short-term and long-term
issues' regarding landfill operations, design and regulatory processes are
intertwined and complex, resulting in the need for periodic reassessment of
additional engineering factors and strategic approach. Additional pressures
requiring planning and technical support, result from the evolving political and
environmental climate surrounding the solid waste industry in California.
TASK 4- ON-GALL FIELD SUPPORT FOR RESPONSE TO
REGULATORY INQUIRIES AND REQUESTS
HDR will provide technical field support for timely response;to agency inquiries
and requests regarding operational and design issues. These activities will be a
directed by the City, and could`include review of design plans and specifications'
for environmental monitoring, and control systems (i.e., landfill gas control
systems, groundwater monitoring system, alternative daily cover project, cell
sequencing and lift placement, etc.). These actions will ensure compatibility with
the site design plans, regulatory requirements, and planned future activities at the
L. Involvement of HDR will also lend substance to the agencies regarding
actions and planned activities the City takes regarding management of the CSL.
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ATTACHMENT B
PROJECT SCHEDULE
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ENGINEERING SUPPORT FOR REGULATORY COMPLIANCE ISSUES
CALIFORNIA STREET LANDFILL
ATTACHMENT B
SCHEDULE
This scope of work is not amenable to advanced scheduling, since, by intent, the scope of
work is to provide the City timely support regarding technical and regulatory compliance
issues as they arise from regulatory agencies, and in the planning process for future
activities at the California Street Landfill.
HDR will provide project staffing in a responsive and timely manner to meet the City's
needs in response to issues anticipated in this scope of work.
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ATTACHMENT C
PROJECT FEE
Alii t cluigc
ENGINEERING SUPPORT FOR REGULATORY COMPLIANCE ISSUES
CALIFORNIA STREET LANDFILL
ATTACHMENT C
BUDGET
The total cost for this scope of work will not exceed $30,000, which will provide
technical support services as needed for the City through the current fiscal year (from
November 1996 through June 1997).
This fee is based on the past and current volume of the type of activities such as those
included in this scope of work. The actual fee for this scope of work will be based on the
amount of work requested by City Staff. The work will be performed on a time-and-
materials basis, in accordance with the Rate Schedule in Attachment D. HDR and City
Staff have estimated costs, based on the previous technical assistance for regulatory
compliance which has been required by regulatory agencies during the last 12 months.
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ATTACHMENT D'
RATE SC IE ULE
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ENGINEERING SUPPORT FOR REGULATORY COMPLIANCE ISSUES
CALIFORNIA STREET LANDFILL
ATTACHMENT D
RATESCHEDULE
0--
Title
Title Grade Hourly Rate
Company officer/Principal in Charge E-10 $160.04 - 170.00
Senior Consultant QA/QC E-9 134.00 - 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 Engineer/Planner E-4 95.00 - 115.00
Assistant Engineer/Planner E-3 80.00 - 110.00
Staff Engineer/Planner E-2 75.00 -90-00
Junior Engineer/Planner E-1 65.00 -80.00
Technician Manager T-5 75.00 -85.00
Senior Technician/Graphics Designer T-4 65.00 -75.00
Technician/Graphics Designer T-3 55.04 -65.00
Assistant Technician/Graphics Designer T-2 45.00 -60-00
Junior Technician/Graphics Designer T-1 44.00-50.00
Administrative Manager M-5 70.00 -80.00
Senior Administrator M-4 55.00 -70.00
Administrator M-3 50'40 -60-00
Assistant Administrator M-2 40.00 -50.00
Junior Administrator M-1 35.00-45.00
Administrative Assistant C-5 45.04 -55.00
Word Processor C-4 40.00 -50.00
Secretary C-3 35.04 -45.00
Clerk C-2 30.00 -40-00
Junior Clerk C-1 25.00-35.00
Construction Manager 110.00 -125.00
Resident Engineer 90.04 - 110.00
Senior Inspector 60.00 -70.00
Inspector 45.00 -60.00
EXPENSES
In-House Expenses-
HDR Computer for CAD Applications(Hourly) $ 15.04
HDR Computer for Engineering/Spreadsheets/Word Processing(Hourly) $ 10.00
Vehicle Mileage(Per Mile) $ .31
Outside Expenses-At Cost Plus 15%
Hired Services-Subconsultants,typing services,etc.
Miscellaneous Supplies-Publications,printing,equipment rental,etc.
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