HomeMy WebLinkAboutContracts & Agreements_125-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of landfill engineering services ("Agreement") is made
and entered in this 16th day of June, 2015 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City)" and SCS Engineers ("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 1 —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide technical evaluation and design services for
City's California Street Landfill for City's Quality of Life Department (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.
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, Director of City's Quality of Life Department, 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.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 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.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, 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 not exceed the
amount of Fifty Eight Thousand Dollars ($58,000). City shall pay Consultant on a time
and materials basis up to the not to exceed amount, in accordance with Exhibit "C"
entitled "Project Costs and Hourly Rates." Exhibit "C" is attached hereto and
incorporated herein by this reference.
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,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(3 0) days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered(i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a parry may provide notice in accordance with this section:
QiY_ Consultant
Fred Cardenas, Director Galen S. Potoyan
Quality of Life Department SCS Engineers
City of Redlands 9383 Charles Smith Avenue
35 Cajon Street, Suite 222 Rancho Cucamonga, CA 91730
P.O. Box 3005 (mailing)
Redlands, CA 92373
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.
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6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "D," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to occupancy of the Premises.
6.3 Consultant shall secure and maintain 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 and maintain professional liability insurance.throughout the term
of this Agreement in the amount of One Million Dollars($1,000,000)per claim made.
6.5 Consultant shall secure and maintain business auto liability coverage, 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 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 any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 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:
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A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval,order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant 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) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant 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 perforin 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 City Clerk's office pursuant to the written
instructions provided by the City Clerk.
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 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 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. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
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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. This Agreement may be terminated
by City, in its sole discretion,by providing not less than five (5) 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.
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 constru d 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.
1:\cMdjm\Agreemen€s\SCS Engineers 6.16.15.doc 5
IN WITNESS WHEREOF,duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement,
CITY OF REDLANDS SCS ENGINEERS
By: By:
on Karras , ' ayor ro '
Temp re Galen S. Potoyan, Senior Vice President
Attest:
Sam I*w , C' y Clerk
IAcaldjmlAgreements\SCS Engineers 6.16.15.doc 6
Exhibit "A"
EXHIBIT"A'
Scope of Services
CITY OF REDLANDS,LANDFILL GAS UPGRADE PROJECT May 2015
BRIEF SCOPE OF SERVICES
SCS will collect and review monitoring data from the current OM&M contractor and conduct
one complete round of monitoring.
During the well monitoring,an initial visual inspection of the collection devices will be
performed to determine the Integrity of all the monitoring devices and key components of the
landfill.
SCS will secure the services of a surveyor to provide the coordinates of the important collection
system components. SCS staff will accompany and assist the surveyors. Northings,eastings,
and elevations will be provided The survey coordinates will be used to annotate the gas
system on the current as-built drawings.
The data collected from the monitoring and visual inspection will be used to generate maps and
charts of LFG composition,flow,temperature,and available pressure. SCS will utilize these
maps to further identify potential deficiencies In the landfill Gas Control&collection System
that may be contributing to the methane exceedances In P•B and P•1.1
SCS will present findings in report format. The report will include work descriptions,figures,
tables,supporting documentation,and other relevant materials
SCS will assist the City In the creation of RF6 documents. This will include the preparation of
plans and specifications for replacement of such things as collection system components
technical scope of work for a contractor,and a bid schedule breaking the work into line items.
The overall project would require about 9 weeks,including 2 weeks for the City to review the
report before SCS would initiate preparation of the RFS.
Exhibit "B'
CONCEPTUAL PROJECT SCHEDULE V
TECHNICAL EVALUATION AND DESIGN SERVICES FOR THE LANDFILL GAS COLLECTION SYSTEM
CALIFORNIA STREET LANDFILL
CITY OF REDLANDS,CALIFORNIA
ID Task(lame olrahon Sart Fwvsh PlweoeLwn try 2015 June?015 July 201s Also 2015
51115/1&525 fill 678 W15622629716 1/13720727 513 8110 ai176724.11
1 Pro}act Stm Oats(AtaUmad) 1 d" Mal if2L15 Mon 62&115 h
2 Task 2-Ppg System d We V*W Ma%WM t ak Tw 68"15 Mon 7WS 1 NNW I
J Task 3.Dau Arrlysrs t wk Tw 7/7115 Mon 7113115 2 v
4 Task 5 Survey of ov Codaao System(Optroneq 1 wk Tw 7114115 Man 720115 7 w
tam
5 Tact 6-Rsporl 0f FnOrgs 2 wka Tw 721115 Mon MI5 4
a!
6 Crry Re—d Defnwablaa 2 wks Tw f1411S Man a/1711S S
7 Task 7•Derafopmanl of a RepwY for 54.Tedasol Sopa of 2 wks Tw N 16115 Man W31115 6
Wak
Exhibit B
Task EflerrW MAeslorle a mmust Summary Rahn
Spill ...................... Yladne Tank Manuel Su6mary we-mmmmmw
PrgeC.CO Rv0Wds_SdWd,rte 052& M-t— • Ifacte kfibstona Stan a* C
Dalt T11.1612&116 sump-Y —-——--- kum"S4m1'ary FaXsll ordy
Prgtxt 6rarenary MWAM Tank 929000saffap Progress
EMn6alT&sks - - -- - Dura warty Dewane
———`------- - Papa i
Exhibit "C"
En.ranmen:al Ccnsuttam:s 9383 Charles Sm t Ave 909 373 250a
as^.Comba:tmrs Rancno Cucamonga CA 9:73- FAX 9'9 7732518
wn.v s senginee+a corn
SCS EN.GINEERS.
EXHIBIT"C"
April 28,2015 Project Costs and Hourly Rates
File No.010112215
Ms.Kathleen Giorgianni
City of Redlands
Department of Quality of Life
35 Cajon Street,Suite 222
Redlands,CA 92373
Subject Third Revision to Fee Proposal for Technical Evaluation and Design Services for
the Landfill Gas Collection System at the California Street Landfill,Redlands,
California
Dear Ms Giorgianni:
SCS Engineers(SCS)is pleased to provide the City with our Third Revised Fee Proposal for the
above-referenced services
Our revised Task 7(RFP Task 6)cost estimate is predicated on a maximum of 60 man hours of
support resulting in an estimated T&M cost of$9,000 which can be increased or reduced if
warranted based on the actual results from Tasks 2,3 5 and 6. Costs beyond$9,000 will also be
performed on a T&M basis.
The project schedule wi'l be revised based on actual date of project start.
All other terms and conditions of our Technical Proposal and subsequent Revised Fee Proposals
prior to this Third Revised Fee Proposal remain the same. If you have any questions regarding
our fees or any other aspect of these documents,please contact me at(909)942-5993 or
dvidol@scseng com.
Sincere[).
Danilo F.Vida(
Project Director
SCS ENGINEERS
'U
En,ronmental Concuttants 9383 Chariss S,,tn Aro 909 373-2509
ane Contractors Rancho Cucarr.cnga CA 91 710 FAX 939 373-25 IS
vnrtr scsonginasrs com
SCS ENGINEERS
Second Revised Fee Proposal: SCS Engineers
April 28, 2015
Technical Evoluolion and Design Services
for the Landfill Gas Collection Syslem at the California Street Landfill
41
Lump G-nnd
Task TVA
Sum To!ctl
Task 1 —Flare Upgrade Completion
Assistance—Not Included
Task 2—Piping System and
Wellhead Monitoring(indudes RFPI $14,300 S14,300
Task 1 and Task 3)
Task 3—Data Analysis(RFP Task 4) $7,700 J 57,700
`_
Task 4—Potholing for Buried GCCS i `
Components and Comprehensive
Visual Inspection—Not Included
Task 5—Survey of the Collection
System(RFP Task 2) 515,000 $15,000
Task 6—Report of Findings(RFP Task
5) ,000 S12,000
Task 7—Development of a Request
for Bid Technical Scope of Work(RFP $9,000 $58,000
Task 6)
Total $9,000 I $49,000 $58,000
DFVjml
Environmental Consultants 3900 Kilroy Aupotl Way 562 476-9544
and Contractors guile 100 FAX 552 492-6210
Lcnq Beach,CA 90606.6616 wmt scsheldservlces corn
SCS FIELD SERVICES
OM&M and ENGINEERS
OM&M FEE SCHEDULE
(Effective May 1,2015 through April 30,2016)
Technical Field Personnel Rote($)/Hour
Laborer....................................................................................................................................58
FusionTechnician................................................................................................_...................62
Technician.... ..... .. ................................................................I......I......... .. . ..... 74
Foreman........ ......... .................................................................. ..........................................86
PlantOperator ...... ....................................................................................... .. . . .. . 86
.. ... . .. ._
EquipmentOperator. ..................................................................... ...........................................
Senior Technician.... ............................................................
Mechanic....... .. . ........... ..................................................................................................100
Superintendent.......................................................................................................................100
Controls Specialist.. .................................................................. ..125
Senior Superintendent........................................................................................... ..............135
Monagemeni/Support Personnel Role($)/Hour
Secretarial ...............................................................
ProjectAdministrator..,. ............................................................................................................70
FieldData Analyst.............................................................. ....75
..............................................
Senior Project Administrator.. ...................................1........... .............—.............................85
Project Coordinator/Accountant.............................................................................................100
Designer/Drafter.................. .............................................. ........................... ...........105
Project Professional/H&S Specialist.................. ............ ...................................................125
Sr.H&S Advisor.............................................................................................. ...................152
Controls&Instrument Engineer.............................. .................................................. ......160
Regional Field Compliance Auditor................_..... ........................................................ ... 162
SystemIntegrator..................................................... ..........................................................180
Senior Project Professional..................................................................................................185
Project Manager/H&S/National Compliance Manager.... ..................................................198
Sr.Project Manager................................................... .......................... .......... .....................210
Sr.Project Advisor... .. ................ .................... .........................................228
Regional Manager/Project Director................. ......... ........ .......................... ...........242
011lce:Nati---de tb
Exhibit "D"
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 by one or more insurers
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.
CHECK ONE
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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
SCS ENGINEERS Date:
By:
Galen S. Potoyan, Senior Vice President
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