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HomeMy WebLinkAboutContracts & Agreements_2-1997_CCv0001.pdf AGREEMENT TO FURNISH ENVIRONMENTALLANDFILL LAG SERVICES FOR CALIFORNIA STREET VERTICAL EXPANSION 1997 by and between the City of This Agreement is made and entered into this 7th day nand Tom Dodson& Associates, (hereinafter Redlands, a municipal corporation(hereinafter City ) "Consultant"). consideration of the mutual promises, covenants and conditions hereinafter set forth, City and In Consultant hereby agree as follows: OTIC E I GA EM T nF CONSULTANT 1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement, to perform environmental consulting services (the"Services") for the City's California Street Landfill Vertical Expansion(the "Project"). fessional manner, and Consultant 1.2 The Services shall be performed by Consultant in a rt�°e ne necessary to provide high quality that it has the skill and the professional expmaintained by other practicing Services for the Project at the level of competency presently similar types of services. professional consultants in the industry providing ABM����Tr�e nF C`nNSULTA TT 2.1 The specific Services which Consultant shall perform are more lienar Support, Solid Waste described in Attachment `'A," entitled"Proposal for Environmental Compe Facility Permit Revision,"which is attached hereto and incorporated herein by this reference. A RIIC F RESP ILTT ITIES OF CITY_ 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. it will rovide access to and make provision for Consultant to enter upon City-owned 3.2 C y p property as required by Consultant to perform the Services. 3 Cit designates Valorie Shatynski, Solid Waste Manager, to act as its representative with 3 y respect to the Services to be performed under this Agreement. A:dodson5.agt Agreement to Furnish Environmental Services Page 2 .0 r 4 -P (1F SERVICE and in 4.1 Consultant shall perform the Services in a diligent manner hereto r dance po at d ith the schedule set forth in Attachment B - Schedule, whichis attached herein by this reference. m� TiTr ("'(lT�1 Q1 TT. 11'11`! 1 n rr�r s payt��FNTS Q nI C HIC 1 L compensation for Consultant's performance of the Services shall not exceed 5.1 The total comp which is attached hereto and incorporated $29,500,as shown in Attachment C,Fee Proposal, herein by this reference. City shall pay Consultant on a timeand and materialsincobasis at the hourly by rates shown in Attachment C - Rates,which is attached ho this reference. f each nth by submitting 5.2 Consultant shall bill City within ten days following the close h Services,indirect costs,and an invoice indicating the Services performed,who perform payments by City to the detailed cost of all Services including backup d t and approval of Consultant s invoice, Consultant shall be made within 30 days after rep by warrant payable to Consultant. All contractual notices, bills and payments shall be made in writing and may be given by 5.3 ments sent by mail shall be addressed as personal delivery or by mail. Notices,bills and pay follows: MD11 City- - e Shatynski Bill Gatlin,Vice President Tom Dodson&Associates Municipal Utilities Department 463 N. Sierra Way 35 Cajon Street San Bernardino, CA 92410 P. O. Box 3005 Redlands, CA 92373 en on deposit n the United es I when so addressed, such notices shall be deemed grvshallbe deeemedlgiven at he time meof Mail. In all other instances,notices,bill and payments actual delivery. Changes may be made in the names and address notices, to this paragraph.om notices, bills, and payments are to be given by giving n p A:dodson5.agt Agreement to Furnish Environmental Services Page 3 ART ti rn1�I1RANCE AND IND E IFTCATION ART ,� 6 -- mai worker's compensation insurance and, in addition, shall maintain e due to personal injury and death, and 6.1 Consultant shall ma required by this insurance to protect City from claims for dam ag the Services req claims for injury to or destruction of property while performing and property damage insurance shall be in a minimum Agreement. Said public liability Consultant shall maintain combined single limit of $1,bility n and in the aggregate. insured under tomobile liability insurance with a combined single additional limit of$1,000,000 comprehensive au damage. City shall be named as an for bodily injury and property e and comprehensive automobile liability,and all policies for public liability,property damaspecs non-contributing insurance such insurance shall be primary with respect to City and llv de City with certificates of the City. Consultant shall p or self-insurance maintained by prior to commencing the Services. insurance evidencing such insurance coverage p indemnify,hold harmless and defend City and is elected ��or expense, to 6.2 Consultant shallto ees from and against all claims, loss, damage, agents and employees ected to the extent that they arise out of or r f the which it or any of them may be put or subjpart willful or negligent act or actions, omission or r�ndirectly employed by any of from anyits suppliers, anyone directly Consultant, its contrralcttor hose acts or omissions any of them maybe liable in the performance of them or anyone for the Services required by this Agreement C�ricm ARnmrrr F 7 CTFNERAL FRATIONS t1 ret any of the terms or conditions 1 In the event any action is commenced to enforce or interpret costs and other relief, be Agreement the prevailing party shall, in addition to any of this Ag s' fees. entitled to the recovery of its reasonable attorney this Agreement, except with the of the Services requi ledanCe with the terms, provisions and 7.2 Consultant shall not assign any and in strict comp I' prior written approval of City conditions of this Agreement. ' Bill Gatlin and Lisa Kegarice. 7 3 Consultant's key personnel for the Project are Tom Dodson, ed to the Project, Consultant agrees that the key Personnel shall be made available and assign and that they shall not be replaced without concurrence from Cit}'. A:dodson5.a9t Agreement to Furnish Environmental Services Page 4 documents, records, drawings, designs, costs estimates,oelectronic pudata rsuantles and to this 7.4 All p the C databases and other Project documents developed by upon completion Agreement shall become the property of City and shall be delivered to City p 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. Cons is for all purposes an independent contractor. All personnel employed by 7.5 Con y personnel Consultant are for its account only, andlo d b City or engaged ng Consultant by nC ty for the account retained by it be deemed to have been emp y Y 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 parry, without cause, by providing thirty (30) rior written notice to the other(delivered by certified mail, return receipt requested) days p of intent to terminate. an adjustment to Consultant's compensation shall 7.8 if this Agreement is terminated by City, Junperform be made,but(1) no amount shall be allowed for anticipated r profit adjusted t dthe extent and(2)any payment due Consultant at the time of termination of any additional costs to City occasioned b any default by Consultant. Consultant shall (1)promptly discontinue all services 7.9 Upon receipt of a termination notice, copies m both hard copy and affected, and(2) deliver or otherwise make available to City, p ( data,design calculations,drawings, spechavet electronic form,where applicable),of any been reports, estimates, summaries and such othrreqation uired ed by thissas may Agreement. accumulated by Consultant in performing the Services payroll 7.10 Consultant shall maintain books and accounts of all Project related on costs the City and all expenses. Such books shall be available at all reasonable times at the office of Consultant. rated herein by reference, represents the 7.11 This Agreement,including the attachments incorporated prior negotiations,proposals entire agreement and understanding between the Parties and any p g or oral agreements related to the Project and the Services A regiment haperformell be in writing, superseded by this Agreement. Any amendment to g approved by the City Council of City, and signed by City and Consultant. This Agreement shall be governed by and construed in accordance with the laws of the State 7.12 A:dodson5.agt Agreement to Furnish Environmental Services Page 5 of California. authorized representatives of the City and Consultant have signed , IN WITNESS WHEREOF,duly au in confirmation of this Agreement. Tom Dodson& Associates City of Redlands ("Consultant") (,City,,) By: B — TOM DODSON WEN LAR ON President Mayor ATTEST: Lit lerk, City dbnds A:dods0n5.agt ATTACHMENT A A:dodson5.agt PROPOSAL FOR ENVIRONMENTAL COMPLIANCE 5L`NPORT SOLID WASTE FACILITY PERMIT RF.'VISION CALIFORNIA s,rREET LANDFILL, CITY OF REDLANDS n R M)as The Cit,, of Redlands. (C'ity) is proposing to revise ilte Solid Waste Facilities Permit (SW!'f') f++lf its California street Landfill (CSL). The intent of the revision is to allow for a r-foot vertical expansion -)['the presently permitted landfill to extend the life of that facility_ It is our understanding that no revisions to the permitted daily tonnage;, type of refuse, hour's of operatiatl, etc, are propused The ev si ns to tile change wtll be the increased capacity on the existing footprint and the cytended consequently, postponement of its closure operational life of the facility and, . lr;lplemcutation uf`this prupe3sed change in design capacity of the landfill issuedill ttorltheOfarcil vv revision to the S� FP, but also the current Conditional Use Permit (CUP}, C)<ti!y refirw located covermaterial (soil)is presently being obt 1 n`excavated tion the site and h tined to the southerly of and adjacent to the landfill Soil materia landfill to cover Ile deposited wastes Presently, this barrow activity is perm by a CUP issued it�nting tile by the City planning ("�tntnzission as the local cn!`c�rcen�cnt i�cenL}cy tborrowor eta area is regulated by Ia 4tirt�rce %lining and Reclamation Act (SMAKA). Clcrwure of Reclamatipill, c ihich was approved by the (`itv Planning Comrnission and revu�wr�il by the Calitutnia 1)eparttnent of Conservation, office of:V9inc Reclamation (DOC') lial Lrltplenier�tatiun of the propt�sed 5WFT' revision will require naterialetil material t o c0vc1_ tile will requiEea horizontal expansditio ion wastes depc�sitect at the landfill. Provision of this cover ciP the horr��w area to allow excavation within an area not sently and the Reclamat This plan t'brWtile require swisic�iis to Ruth the current CCTV for the burrow borrow site_ Approval of the S 'Ff` revision will regtrrre a Servicestonary whi hdactsoaslrthe LY the ocal Bernardino County Department of Environmental Health i he E�nlbrcement Agency (LEA) for the California 111ttg7rated d�cuntent forraste eCot currrence wiment Board th the. LEA's CIL NIB kill review the SWFP revision and CEQ decision Apprc>val of file CUP and Reclamation Plan revisions will require a discretionary decision b} the Cite �tiitlti the n0C acting as a responwihle agency for review of llre Reclarnation Platt. I E'rior tet jtta�ing these dee isiims, the Calif��rnia Environmental (duality Act (CEQA) rcqutr�es that the ese dcc.rss< ,� nt�rl;ers he rutty informed of the potential environmental effects zedrin a single renvilrcrrr iust be pr(,eczs A&litiunal!v, C (?A requires not split arr�pieceject tmeai t elenv environmental review prr�cess. mental dc�urmcnt. An agencyit is Tom F3ec t,sc the wasrte,disposal and soil excavation activiti`�nes document al Study) that covrcrstall aciic rstbe ('1'l>r�) rec4,mntcnda6)n that one cnvr.rvnmental du prepared and tailized during the project review and approval process, chis rur un the revisloris to the C t lersta It ndirtg thQt. F's and the Reclamation Pian wt(1 e pr Page 1 tYnp•p 1`t,��'' Rt 11191 �n SC OPE DF HDRK The CUPS and Reclamation Plan revisions should be processed concurrently as components of a single project. We recommend that a single environmental document which reviews both activities (land filling and soil excavation)be utilized as the CEQA compliance document because the activities are inter-related (additional soil will not be needed if the landfill capacity is not increased). This environmental document will also be used as the CEQA compliance document for the SWFP revision. To accomplish these goals, TDA proposes the following approach. Task t - Preparation of Applications TDA will review the Draft Report of Disposal Site Information (draft RDSI)HELP Model Analysis and the Draft Preliminary Closure Plan (draft Closure Plan) provided by the City. After review of these documents, TDA will meet with City staff, its other consultants, and the City Planning Department to discuss the revisions to the CSL SWFP and the CUPs. Once agreement has been reached on the scope of the revision, TDA will prepare the CUP applications for both the landfill and the borrow area. TDA will provide the City's Municipal Utilities Department(Utilities Department) a screencheck draft of the CUPs for review and comment. TDA will make agreed upon revisions to the applications and provide the Utilities Department with application packages which are ready for submittal to the City Planning Department. These applications can either be submitted prior to or concurrently with the Initial Study depending on the needs of the Utilities Department and City Planning staff. It is anticipated the CUPs will be submitted to the Planning Department when deemed adequate by the Utilities Department to expedite Planning Department review. The scope of services for this task will include preparation of all application submittal items (radius map, mailing labels, etc.). The one exception is the project drawings. TDA anticipates using the plans contained in the draft RDSI as the project drawings submitted with the CUP applications. This proposal does not include preparation of project design plans. Another option would be for the City to incorporate the borrow activities into the SWFP and avoid processing a Reclamation Plan with the State. This option combines the CUP for disposal and borrow operations, and eliminates the need for a Reclamation Plan. Because soil borrowing and landfilling operations are dependent, the potential impacts of these activities must be evaluated regardless of the permitting process utilized. As such, the permitting process utilized will require essentially the same environmental evaluation and scope of work identified herein. Because separate permitting of the facilities is presently being utilized, the scope of work will address that permitting alternative.— Task 2 - Project Description Once the scope of activities covered by the permit revisions is established, TDA will prepare the project description for use in an Initial Study. Because one environmental document will be used for all the proposed actions, this project description will describe both the proposed disposal and soil borrow activities and their relationship to each other. The project description will also address the Prop%Trop-CYT(RE-059) Page 2 actions which must be taken by the lead and responsible agencies to approve the proposed permit revisions. TDA will provide the Utilities Department a screencheck of the project description for review and comment. This project description should also be reviewed by the City Planning Department for concurrence. TDA will make agreed upon revisions to the project description. The finished product of this task will be a complete description of the project which will be the subject of evaluation in the Initial Study. Task 3 - Screencheck Initial Study and Draft Reclamation Plan Using the latest City of Redlands Initial Study checklist form, TDA will evaluate the potential environmental effects to each checklist issue from implementing the entire project (additional landfilling and soil borrowing). To conform with recent CEQA court decisions, TDA will provide substantiation for the conclusions reached regarding potential impact to each checklist issue. TDA will also identify mitigation measures, when needed, to reduce all potential impacts to the greatest extent feasible. The scope of this task will also include preparation of a draft Reclamation Plan, if needed, for submittal to the Utilities Department. The scope of services covered by this proposal assumes that adequate topographic mapping will be furnished by the City to prepare the plans. The provision of a topographic base map is not included in the scope of this proposal. Additionally, this proposal assumes that all engineering drawings for the landfill expansion will be provided to TDA by the City. TDA will submit a screencheck Initial Study and Reclamation Plan to the Utilities Department for review and comment. TDA will make agreed upon revisions to these documents and finalize the Initial Study for submittal to the Planning Department. At this time, TDA does not anticipate that additional technical reports or studies (air quality modeling, traffic analysis, etc.) other than the data provided in the draft RDS1 and associated documents. Should additional site-specific data be needed, TDA will provide the City with a proposal to generate such data, if requested. TDA also anticipates that a graphical representation of the landfills ultimate appearance (17-foot vertical height increase) will be needed for the environmental evaluation and public hearings. The cost of providing two photographic simulations of the present and ultimate appearance of the site at both large scale(30" x 40") and 81/2" x 1 I" is included in the estimated cost identified for this task. Task 4- Public Review of Initial Study TDA will assist the Utilities Department with submittal of a draft Initial Study and Reclamation Plan to the Planning Department for review and comment. TDA will meet with the Planning Department and finalize the Reclamation Plan and Initial Study and assist the Planning Department to distribute the Initial Study for public review and comment. Prop%Trop-07(RE-059) Page 3 If after review of the Initial Study, City staff feels a Mitigated Negative Declaration is the appropriate CEQA determination for the project, TDA will prepare a Mitigated Negative Declaration and assist the City with circulation of the document. Because state agencies will function as interested and/or responsible agencies, the Initial Study must be circulated through the State Clearinghouse for the minimum 30-day review period. TDA will also assist the City with preparation of a list of other interested persons and agencies to which the document will be distributed. If at this time, however, the City determines that an EIR should be prepared for this project, the Initial Study will not be circulated and work on the project would cease. If requested,TDA would assist the City with scoping of the EIR and provide the City with a proposal to perform any other services requested. Task 5 - Prepare Draft MMRP While the Initial Study is undergoing public review and comment, TDA will prepare a draft Mitigation Monitoring and Reporting Plan (MNIRP) and a Notice of Determination for City staff s review and comment. Task 6 - Prepare Response to Comments of Initial Study /Finalize MMRP TDA will meet with City staff to review the comments received during the public review and comment period. TDA will prepare responses to the comments and submit a draft of the responses to the City for review. TDA will make agreed upon revisions to the responses and submit a final response to comments for inclusion with the CEQA document presented to City decisionmakers. Under this task,TDA will also finalize the MMRP to reflect any revisions to the mitigation measures necessitated by comments received on the project. The deliverable product of this task is a final CEQA document for the project which will be utilized by decisionmakers. Should, however, commenting parties raise an unforseen issue or issues for which adequate mitigation can not be identified and the City staff determines an EIR should be prepared, TDA will assist the City with scoping the EIR, if requested. If additional project-specific data is needed to provide adequate mitigation, TDA will provide the City with a proposal to generate the data, if requested. Task 7 - Public Hearings and Presentation /Filing of Notice of Determination At the City's request, TDA could assist the City staff with presentation of the project to the decisionmakers. At this time, it is anticipated this will include the City's Environmental Review Committee,-the Planning Commission, and possibly the City Council. The scope of this task covers attendance at four hearings If the decisionmakers approve the project and adopt the Mitigated Negative Declaration, TDA will assist the City with filing of a Notice of Determination(NOD) with the Clerk of the San Bernardino County Board of Supervisors and the State Clearinghouse, if requested. Prop%Prop-07(REd09) Page 4 Posting the IMOD will begin a 30-day challenge period for the environmental e EQp compliance ther at period, no legal challenge of the CEQA determination has beenmade, portion of this project will be completed. 4 Page 5 Prop96/prop-07(n-059) ATTACHMENT B A:dodson5.agt SCHEDULE Due to the many variables and the number of agencies involved, it is not possible to establish a firm schedule. It should be anticipated, however, that approval of the CUP and Reclamation Plan and fulfilling CEQA requirements will take about 5 or 6 months from the start of preparation of these items. This includes the required 30-day court challenge period for the CEQA decision. ■ Prepare Screencheck and Draft Initial Study (Tasks 1. 2 & 3) 45 days ■ Circulate Draft Initial Study for Public Review (Tasks 4 & 5) 45 days 30 days ■ Respond to Comments and Public Hearings {Tasks 6 & 7) 30 days ■ Post Notice of Determination I Court Challenge Period (Task 7) 5 months Total: This is an ambitious schedule but doable. Some time can be saved if all data needed to prepare the Initial Study is readily available and agreement on the project description is reached in a timely manner. Because of notification requirements and established City hearing dates, the number of will be critical to maintaining this schedule. This schedule also assumes scheduling of public hearing that only one ERC meeting and one Planning Commission hearing will be needed. It should be anticipated that each additional hearing will add about 2 weeks to 1 month to the processing time. Based on the possible four hearings identified in Task 7, it is projected that CEQA compliance for this project could take up to about 8 months. The LEA has up to 150 days to process the SWFP revision application and the CIWNM has an addi- tional 60 days to concur. These processing schedules do not start until after the CUP is approved and CEQA compliance completed. Based 9 a�nd 13 months framthese time les, it should be the start of work oncipated that the project. securing a SWFP revision will take between Page 6 prop%/ rop-o7 tRE-059> ATTACHMENT C A:dodson5.aggt FEE PROPOSAL Based on our understanding of this project and involvement in previous similar projects, our fee proposal for providing the scope of services described in Attachment A will not exceed $29,500. Projects of this nature can, however, generate substantial controversy which can substantially increase the work effort needed to provide adequate responses under Tasks 6 and 7. TDA will keep the City notified of the adequacy of the scope of work, and if necessary, provide the City with a revised scope of work. The estimated costs per task are,- Task re:Task 1 $4,400 Task 2 $4,000 Task 3 $11,000 Task 4 $1,500 Task 5 $3,000 Task 6 $4,000 Task 7 $2,000 Total Fee Proposal: $29,500 The above cost breakdown is an estimate based on previous projects. It is possible that some tasks will take less effort than anticipated to complete, while other tasks may take more. Task billings for work completed are to be applied under the overall fee proposal and not to the individual task amounts provided above. RATE Environmental Specialist I $100.00/hour Environmental Specialist 11 $ 75.00/ hour Ecologist I $ 68.50 /hour Ecologist II $ 55.00 / hour Clerical/Graphics $ 3 5.00 / hour Outside services secured with the City's approval will be invoiced at cost plus 15 percent. Mileage will be invoiced at$0.35 per mile. Prop Trop-OT -0597 Page 7