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Home My WebLink AboutContracts & Agreements_26-1998_CCv0001.pdf AGREEMENT TO FURNISH LANDFILL GAS SYSTEM CONSTRUCTION TRAINING AND COORDINATION FOR THE CALIFORNIA STREET LANDFILL, HORIZONTAL LANDFILL GAS COLLECTION WELLS -PHASE I This Agreement is made and entered into this 19th day of May, 1998 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Janechek & Associates, hereinafter "Consultant',,). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE_l - ENGAGEMENT OF CONSULTANT Ll City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform professional landfill gas system consulting services("Services")for the Horizontal Landfill Gas Collection System Expansion - Phase 1, for the City's California Street Landfill C'Project"). 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 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,- SERVICESOFCON1SLTL1iNT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment"A,"entitled"Scope of Work,"which is attached hereto and incorporated herein by this reference. ARTICLE I - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services, 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. City designates Valorie Shatynski, Solid Waste Manager, to act as its representative with respect to the Services to be performed under this Agreement. Ajamchek.agt I Landfill Gas System Construction Training & Coordination Horizontal Expansion for California Street Landfill-Phase I Janechek &Associates May 19, 1998 ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B -Project Schedule. ARTICLE 5 -PAYMENTSJO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $15,355,in accordance with Attachment C-Project Fee. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment D -Rate Schedule. 5.2 Consultant 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 Consultant shall be made within 30 days after receipt and approval of Consultants invoice, by warrant payable to Consultant. 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: Ci1y Consultant Valorie Shatynski Alan Janechek,P.E. Municipal Utilities Department Janechek&Associates 35 Cajon Street 2316 Elden Avenue, Suite D P. 0. Box 3005 Costa Mesa, CA 92627 Redlands,CA 92373 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. 2 Ajanechek.agt Landfill Gas System Construction Training & Coordination Horizontal Expansion for California Street Landfill - Phase I Janechek&Associates May 19, 1998 ARTICLE 6 - INSURANCE AND,INIDEMNIFICATI 6.1 Consultant shall be exempt from providing workers' compensation insurance for company officers, who will be covered under an equivalent private disability insurance. No other employees will be utilized for this Project. Consultant shall provide automobile liability, 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. Consultant shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per occurrence. Automobile liability shall be in a minimum$100,000 blanket,and$50,000 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. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. C� 6.2 Consultant 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 Consultant, 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 - GENTERA.L CONSIDER.ATIONS 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, T2 Consultant 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. Ajanedick.a.-t Landfill Gas System Construction Training & Coordination Horizontal Expansion for California Street Landfill - Phase I Janechek& Associates May 19, 1998 7.3 Consultant's only personnel for the Project will be Alan Janechek.Consultant 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 Consultant 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 Consultant is for all purposes an independent contractor. 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. 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. 7.8 Upon receipt of a termination notice, Consultant 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 Consultant in performing the Services required by this Agreement. 7.9 Consultant 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 Consultant. 7.10 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 4 Ajanechek.agt Landfill Gas System Construction Training& Coordination Horizontal Expansion for California Street Landfill - Phase I Janechek&Associates May 19, 1998 shall be in writing,approved by the City Council of City and signed by City and Consultant. 7.11 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 Consultant have signed in confirmation of this Agreement. City of Redlands lc{4•i�J"} Janechek& Associates � � 1 / ("Consultant") By: By; WILL AM E. C ING Mayor ALAN JAaCHEK President ATTEST: i' 2 Deputy c ty .lerk A janechek.agt LANDFILL GAS SYSTEM CONSTRUCTION TRAINING AND COORDINATION FOR THE CALIFORNIA STREET LANDFILL, HORIZONTAL LANDFILL GAS COLLECTION WELLS-PHASE I ATTACHMENT A SCOPE OF WORK A.janechek.agt .. .•.•...�. ..c�uc;a.•aacn Z002 •� W tab .a c m CD a` IL Mo: ria.CL CL :, sn R3 - ---------- CL -------n.. ,m o ul .:t: ILM 14:40 1Y.:1 t.ivwiwrrvv .+........ •.•••••-.,••...-• -..-. Loi tai g rA rn m Mca r 1 G 17'A 0 4 CL w -a CD Cd :X. iF CL 1'�Wy�-------------- i ay}5 c� :s to LANDFILL GAS SYSTEM CONSTRUCTION TRAINING AND COORDINATION FOR THE CALIFORNIA STREET LANDFILL, HORIZONTAL LANDFILL GAS COLLECTION WELLS-PHASE I ATTACHMENT B PROJECT SCHEDULE Ajanechek,agat LANDFILL GAS SYSTEM CONSTRUCTION TRAINING AND COORDINATION FOR THE CALIFORNIA STREET LANDFILL, HORIZONTAL LANDFILL GAS COLLECTION WELLS-PHASE I SCOPE OF WORK The scope of work for this project consists of providing services to the City of Redlands California Street Landfill Staff during construction of the first construction phase of horizontal landfill gas extraction wells. These services include training and coordination for the specialized construction techniques required for horizontal well construction by City Staff. This training will enable the City to construct the remaining wells without further outside supervision. The first phase includes placement of three of a total of 21 wells,to be constructed by City Staff during the next two years, in phases. Coordination will include preparation of a Health and Safety Plan as required by the South Coast Air Quality Management District(SCAQMD), for use during construction, and updates to the Project schedule. Training will include presentation of procedures for heat fusion of high-density polyethylene pipe(HDPE),emissions monitoring procedures in accordance with SCAQMD permit requirements, and specialized well construction techniques and requirements. Training in this scope of work includes full-time supervision during the first phase of construction to ensure adequate expertise has been acquired by landfill staff during training,and that procedures Z:� and techniques for construction and monitoring are followed. Supervision on subsequent phases will be provided only on an on-call basis. Ajwiechek agt LANDFILL GAS SYSTEM CONSTRUCTION TRAINING AND COORDINATION FOR THE CALIFORNIA STREET LANDFILL, HORIZONTAL LANDFILL GAS COLLECTION WELLS-PHASE I ATTACHMENT C PROJECT FEE Ajanechek,agt 0 ILE. ij.ou rztA t L%oLot 1 uv -- --------- Shectl ST ESTIMATE FUR TRAINING AND COORDINATION EZI–F—ORNIA MEET LANDf ILL HORIZONTAL WELL CONSTRUCTION' STAFF PRINCIPAL 1JUNIOR TECH !SUBTOTAL RATE 821 34 TASKS G 124 ol 0 9,840 TRAININt 4,920 COORDINATION 601 o 0 b i $ ---------- 0! . ........... o i $ ool l oi- �UBTa�fAL 180 oi 14,760 CONSUNLkBLES UNIT uNrr COST !QUANTITY MILEAGE ;MILE $ 0.350 170 595.00 i TOTAL 15; Page 1 LANDFILL GAS SYSTEM CONSTRUCTION TRAINING AND COORDINATION FOR THE CALIFORNIA STREET LANDFILL, HORIZONTAL LANDFILL GAS COLLECTION WELLS -PHASE I ATTACHMENT D RATESCHEDULE A-,janechek,agt t3 ILL 14:33 FAIL 7145157789 Alan JanecneX JANFCHEK& ASSOCIATES SCHEDULE of CHARGES Effective May 1,1998 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 10% markup unless listed in the project scope Of work. FEESCHEDULE Principal Engineer $82 Mileage $0,35/mi. D-Size Plots $9.00 each Drawing Bluelines $4.50 each