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HomeMy WebLinkAboutContracts & Agreements_66-2002_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 7th day of May 2002, by and between the City of Redlands, a municipal corporation (hereinafter "City") and Vector Engineering, Inc., hereinafter ("Consultant"}. In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE] - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform professional engineering services("Services")for operational support and expansion of the City's California Street Landfill, located at 2151 Nevada Street, Redlands, California ("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 engineers in the industry providing like and similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 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. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 1.1 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 or right-of-way as required by Consultant to perform the Services. 3.3 City designates Gary Van Dorst,Project Manager,to act as its representative with respect to Manager, the Services to be performed under this Agreement. I ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Attachment"B", entitled"Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NO-TICE 5.1 The total compensation for Consultant's performance of the Services shall not exceed $125,000 in accordance with Attachment C -Project Costs. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment D-Fee 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 Consultant's invoice, by warrant payable to Consultant. 5.3 All 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: City Consultant Gary Van Dorst Scott Purdy, President, CEO Solid Waste Division Vector Engineering, Inc. 35 Cajon Street 12438 Loma Rica Dr., Suite C P. O. Box 3005 Grass Valley, CA 95945 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. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and 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 and endorsements evidencing such insurance within fifteen (15) days of execution of this Agreement,or prior to commencement of work,whichever occurs first. 2 6.2 Workers' Compensation and Emplover',s Liability A. Consultant shall secure and maintain Worker Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen(15) days of execution of this Agreement or prior to commencement of work,whichever occurs first. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant,its officers,agents and employees. 6.3 14nid Harmless and Indemnification. Consultant shall indemnify,hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Consultant, its officer, agents and employees in performing the Services required by this Agreement. Consultant's obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits. 6.4 Assignment. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services,the Consultant will add the subcontractor as an additional insured and provide the City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 3 6.5 Corot Irehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the Agreement 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 the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City within Meyer 15) dayof execution of this Agreement or prior to commencement of work, icoccurs first. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000)per claim made for the term of this Agreement. The consultant must obtain an endorsement extending the reporting period twelve (12)months beyond the current shall expiration date of February 13,2003. Certificate of liabilityinsurance and endorsement be delivered to City within fifteen (l 5) days of execution of this Agreement or prior to commencement of work,whichever occurs first. 6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits Of One million($1,000,000)per occurrence,combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project,hired and non-owned vehicles,and employee non-ownership vehicles. The City shall be named as an additional insured and a certificate of insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 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 Consultant shall not assign any of the Services required by this Agreement,except with and the ity and in strict compliance with the terms, provisions prior written approval of C conditions of this Agreement. 7.3 Consultants key personnel for the Project will be Scott Purdy.Cnsult agrees that tnot be he key personnel shall be made available and assigned to the Projecto, andhat they shall 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 4 Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. 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 Nothing in this Agreement shall give Consultant authority with respect to any City decision beyond the consulting services as outlined herein and specifically as set forth in Attachment 4`xl'"Scope of Work,"and the rendition of information,advice,recommendation or counsel. 7.7 Consultant shall supply all tools and instrumentalities required to perform the consulting services in this Agreement. 7.8 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.9 This Agreement may be terminated by the City,without cause,by providing thirty(30)days prior written notice to the Consultant(delivered by certified mail,return receipt requested) of intent to terminate. 7.10 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. Consultant shall be compensated on a pro-rata basis for any work completed by Consultant up until Notice of Termination. 7.11 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. 7.12 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 written Agreement. Any amendment to this Agreement,to be effective,shall be in writing and approved by the City Council of City and signed by City and Consultant. 7.13 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Vector Engineering, Inc. ("City") ("Consultant") By: By: KARL N.HAWS VINCE SURYASASMITA Mayor Executive Vice President DATE: May 7, 2002 ATTEST: City�lerk, City o cam' ands 6 AGREEMENT TO FURNISH CONSULTING SERVICES FOR EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT A SCOPE OF WORK 7 ATTACHMENT A—SCOPE OF WORK Task 1: Finalize Joint Technical Document Based on the preparation of the Preliminary Design Report and meetings with the RWQCB,modify and finalize the Joint Technical Document fort expansion of the California Street Landfion ll. Modifications to the bottom liner and capping system for the expansion will be made based changes directed by the RWQCB. Quantities, site life,and drawings will be updated as necessary. Deliverables: Joint Technical Document Task 2: Support for CEQA and Response to Comments Task 2 involves providing support to the City during the remaining CEQA process and addressing comments and revisions from the RWQCB. Vector will review and revise/update the draft EIR as necessary to address the latest changes involving the design of the expansion. These updates and changes will be provided to Dodson for completion of the EIR. Deliverables: Responses to Comments and Update of Draft EIR Task 3: Phase I Expansion Design & Bid Package Preparation Task 3 will consist of preparing a final design report, construction specifications, bid package, construction quality assurance plan, and drawings associated with the Phase I Expansion at the California Street Landfill. The final design report will consist of the following components: Along with the design report, the technical specifications, CQA plan, bid package, and drawings associated with the first phase of development will be prepared. The drawings will be construction ready and show all the grades and liner system components. The drawings to be prepared will include, but not be limited to the following: Cover sheet Existing site plan Grading plan Liner system layout Leach collection and removal system layout Surface drainage Details. The original plans (on mylars) and reproducible specifications will be delivered to the City for copying, for bidding and for record purposes. Electronic files of the plans on disk in AutoCAD format and of the specifications in MS Word will be provided to the City. 8 For the preparation of the project manual (specifications,bid package, and CQA plan),Vector will look to the City for assistance in preparation of the bidding requirements,contract forms,and general requirements. Vector will provide typical language from other projects, which the City engineers can modify for site specific conditions. As discussed,Vector will work with the City such that our final design costs can be reduced as reflected in Schedule C,Cost Estimate. Should the City prefer to have Vector prepare the above information, we will provide a detailed cost estimate prior to initiating the work. As part of the work, Vector will prepare a bid sheet, quantities, and an engineer's estimate of construction costs. Deliverables: Phase I Drawings, Design Report, and Project Manual. Task 4: Other Tasks Task 4 will cover unforeseen contingencies that may arise during the course of the above three tasks. Any work done under Task 4 will be conducted per the written authorization of the City of Redlands at the unit rates provided in Attachment D. Other tasks may include meetings with the regulatory agencies, additional analysis of material properties, design changes, etc. 9 AGREEMENT TO FURNISH COINSULTING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL, ATTACHMENT B PROJECT SCHEDULE 10 ATTACHMENT B - SCHEDULE Task I - Finalize Joint Technical Document The Joint Technical Document will be completed by the end of May 2002. Task 2 - CEQA Support Comments to the draft EIR will be completed and forwarded to Dodson by the end of May 2002. Task 3 - Phase I Expansion Design & Bid Package Preparation Preparation of thetechnical specifications,construction drawings,bidding documents, CQA plan, design report, and engineer's estimate will be complete by the end of June 2002. Task 4 - Other Tasks Work under this task provided per written authorization and schedule. 1t AGREEMENT TO FURNISH CONSULTING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT C PROJECT COSTS 12 CALIFORNIA STREET LANDFILL-CITY OF REDLANDS SUMMARY OF PROFESSIONAL SERVICES-VECTOR ENGINEERING, INC Expansion Design Budgeted Previous Current Remaining Hours Costs Hours Costs Hours Costs Hours Costs Task 1 -Finalize Joint Technical Document Scott Purdy-CEG $100/hr 24 $ 2,400 0 $ - 0 $ - 24 $ 2,400.00 Woodward/Ramey/Twede/Leduc/Shafer $90/hr 64 $ 5,760 0 $ - 0 $ - 64 $ 5,760.00 Russell $75/hr 16 $ 1,200 0 $ - 0 $ - 16 $ 1,200.00 Dodge/Campbell-Lund $65/hr 117 $ 7,605 0 $ - 0 $ - 117 $ 7,605.00 Butler$40/hr 24 $ 960 0 $ - 0 $ - 24 $ 960.00 Total -Task 1 245 $ 17,925 0 $ - 0 $ - 245 $ 17,925.00 Task 2 -CEQA Support/Response to Comments Scott Purdy-CEG $100/hr 40 $ 4,000 0 $ - 0 $ - 40 $ 4,000.00 Woodward/Ramey/Twede/Shafer $90/hr 64 $ 5,760 0 $ - 0 $ - 64 $ -5,760.00 Russell $75/hr 24 $ 1,800 0 $ - 0 $ - 24 $ 1,800.00 Dodge/Campbell-Lund $65/hr 36 $ 2,340 0 $ - 0 $ - 36 $ 2,340.00 Butler$40/hr 8 $ 320 0 $ - 0 $ - 8 $ 320.00 Total -Task 2 172 $ 14,220 0 $ - 0 $ - 172 $ 14,220.00 Task 3 - Phase 1 Detailed Design & Bid Package Preparation Scott Purdy -CEG $100/hr 140 $ 14,000 0 $ - 0 $ - 140 $ 14,000.00 Woodward/RameylTwede $90/hr 260 $ 23,400 0 $ 0 $ 260 23,400.00_ Russell $75/hr 200 $ 15,000 0 $ - 0 $ 3,4400 0.00 DodgelCampbell-Lund$65/hr $ - 200 $ 15,000,00 300 $ 19,500 0 $ - 0 $ - 300 $ 19,500.00 Butler$40/hr 120 $ 4,800 0 $ _ 0 $ Soils Laboratory Testing 1 $ 5,500 0 $ - 0 $ - 1201 $ 4,800.00 Total -Task 3 1020 $ 82,200 0 $ - 0 - 1 $ 5,500.00 Task 4-Other Tasks $ - 1020 $ 82,200.00 Scott Purdy-CEG $100/hr 39 $ 3,900 0 $ _ 0 $ 39 _3,900.00 Woodward/Ramey/Twede $90/hr 40 $ 3,600 0 $ - 0 $ - 40 $ 3,600.00 Russell $75/hr 18 $ 1,350 0 $ - 0 $ - 18 $ 1,350.00 Dodge/Campbell-Lund$65/hr 21 $ 1,365 0 $ Butler$40/hr 0 $ 21 $ 1,365.00 Total -Task 4 - 11 $ 440 0 $ - 0 $ - 11 $ 440.00 Total Project Costs 118 $ 10,655 0 $ 0 $ - 118 $ 10,655.00 1437 $ 114,345 0 7 - 0 $ 1437 $ 125,000.00 Vector Engineering, Inc. Job No. 981020.13 AGREEMENT TO FURNISH CONSULTING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT D FEE SCHEDULE 14 Attachment D - Fee Schedule The unit rates for personnel will be provided under the following categories and individuals. Direct expenses will be converted to personnel hours. Principal Professional (Purdy) - $100/hr. Senior Professional (Ramey/WoodwardfFwede/Leduc/Shafer) - $90 hour Project Professional (Russell) - $75 hour Staff Professional (Dodge/Campbell/Hemmen) - $65 hour Clerk (Butler/Steams) - $40 15