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HomeMy WebLinkAboutContracts & Agreements_48-2000_CCv0001.pdf AGREEMENT TO FURNISH REGULATORY AND CEQA SUPPORT ENGINEERING SERVICES FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION This Agreement is made and entered into this 2nd day of May, 2000, by and between the City of Redlands, a municipal corporation(hereinafter"City") and Vector Engineering, Inc., (hereinafter "Engineer'). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby agree as follows: ARTICLE.1 - ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform regulatory and CEQA support engineering services ("Services") related to the City's California Street Landfill horizontal expansion, located at 2151 Nevada Street, Redlands , California{"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 Engineers in the industry providing like and similar types of services. ARTICLE 2 - SERVICES OF EN 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 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. May 2, 2000 4.1 Engineer shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B -Project Schedule. ARTICLE 5 -PAYMENTS TO THE ENGINEER 5.1 The total compensation for Engineer's performance of the Services shall not exceed$68,500, in accordance with Attachment C -Project Fee and Rate Schedule. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment C. 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 ity Enizineer Valorie Shatynski Scott Purdy, President Municipal Utilities Department Vector Engineering, Inc. 35 Cajon Street, P.O. Box 3005 12438 Loma Rica Drive, Suite C Redlands, CA 92373 Grass Valley, CA 95945 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 2 OW ON Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering,Inc. May 2, 2000 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 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 ofthem 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: Principal and Project Manager: Scott Purdy, C.E.G. Project Engineer: Todd Ramey, P.E. 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 3 �.w Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. May 2, 2000 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 Nothing in this Agreement shall give the Engineer authority with respect to any City decision beyond the services as outlined herein and specifically as set forth in Attachment "A", "Scope of Work," and the rendition of information, advice,recommendations or counsel. 7.7 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.8 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 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. 4 ON Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion. Vector Engineering, Inc. May 2, 2000 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 Vector Engineering, Inc. ("City") ("Engineer") w a By: By: PAT GILBREATH SCOTT PURDY Mayor President ATTEST: t City lerk, City ylands REGULATORY AND CEQA SUPPORT ENGINEERING SERVICES FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION ATTACHMENT A SCOPE OF WORK ON IM RON ATTACHMENT A Task 9: CEQA Support Following the field work and preliminary engineering for the horizontal expansion, the CEQA/permit process will begin. It is our understanding that a focused EIR will be prepared as part of the environmental documentation for the expansion. In order to support the CEQA effort, Vector will attend meetings with the City and assist the CEQA consultant in the preparation of the EIR by providing technical and engineering documentation. Vector will meet with the CEQA consultant to develop a list of required information necessary for the focused EIR. The information most likely to be needed includes geology, hydrogeology, civil engineering design, operations, soils, groundwater, and landfill gas. Vector will work with the CEQA consultant to ensure all the above information and documentation is obtained. Groundwater and landfill issues will be handled by other City consultants. It is estimated that one year or longer may be required to prepare and submit the EIR. Deliverables: Technical information and documentation for the EIR as agreed to with the City and CEQA consultant. Engineering support as necessary. Task 2: Permitting Assistance with Regulatory Agencies Task 2 involves providing regulatory agency support to the City during the design and CEQA process and addressing comments from the RWQCB, LEA, AQMD, CIWMB, and other agencies during initial design and following submittal of the JTD. Based on an initial meeting with the RWQCB, support involving expansion design issues will have to be addressed in technical reports demonstrating alternatives such as GCL instead of clay for the bottom liner, geocomposite LCRS material, filling over existing waste, and utilizing a synthetic cover system. In addition, sections of the JTD involving the design report and post-closure monitoring will be modified to meet the RWQCB requirements. x t Deliverables: Responses to Comments as Necessary, Technical Reports, Revisions to the JTD Task 3: Meetings with the City, CEQA Consultant, and Regulatory Agencies Included within this task is attending meetings with the RWQCB, LEA, AQMD, CIWMB, CEQA consultant, and City to discuss the expansion design and permitting. This task also includes the preparation of meeting agendas, exhibits, and presentation documents. Attendance at a public hearing has also been included within this task. A total of ten meetings have been budgeted for this task. Deliverables: Meeting Documentation and Presentation Materials Deliverables Vector will provide copies of all documents prepared for the City in hard copy and electronic format. For Task 1, Vector will provide documentation and technical support for specific CEQA tasks as needed by the CEQA consultant. For Task 2, Vector will provide responses to comments in letter format as necessary and will provide technical demonstration reports for the engineered alternatives required for the RWQCB. For Task 3, Vector will provide meeting minutes and will prepare materials for the presentations. REGULATORY AND CEQA SUPPORT ENGINEERING SERVICES FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION ATTACHMENT B PROJECT SCHEDULE SCHEDULE FOR REGULATORY AND CEQA SUPPORT FOR THE EXPANSION AT THE CALIFORNIA STREET LANDFILL, REDLANDS, CALIFORNIA ID Task Name 2000 Ma Jun Jul Au Se Oct Nov Dec Jan Feb Mar Apr May Jun 2001 Jul 1 CEQA Support 2 Regulatory Permitting Assistance f 3 Meetings Task Summary Rolled Up Progress Project:P001232.00 Critical Deadline ♦ _ Rolled Up Task External Tasks Date:April 20,2000 Progress -�� Rolled Up Split Project Summa ry Milestone ♦ Rolled Up Milestone 0 ATTACHMENT B ;N REGULATORY AND CEQA SUPPORT ENGINEERING SERVICES FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION ATTACHMENT C PROJECT FEE & RATE SCHEDULE ATTACHMENT C - PROJECT FEE AND RATE SCHEDULE Scott Purdy/Marc Orman Woodward/Ramey/ Moorehead/Russell/ Cathy Stone/Amy Hours Task Description $90/hour Twode $80/hour Kin $65/hour Butler $35/hr Per Costs Per Task 1. CEQA Support Hours Costs Hours Costs Hours Costs Hours Costs Task Task 110. $ 9 900 —561 $ 4,480 80. $ 5,200 24 $ 840 270 $ Task 2. Regulatory Permittin Assistance 96 $ 8 640 80 $ 6,400 120 $ 7 800 420 24 $ 840 320 $ 23 20 680 Task 3. Meetings 180: $ 16,200 241 $ 1 920 gg $ 57 0 16 $ 560 308 $ 24,400 Tofaf Project Costs 386.0! $ 34,740 150.0; $ 12,800 288.0; $ 18,720 64.0E $ 2,240 898.0; $ 68,500 Vector Engineering,Inc.