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HomeMy WebLinkAboutContracts & Agreements_98-1999_CCv0001.pdf r. AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION This Agreement is made and entered into this 19th day of October, 1999,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 I - ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform engineering services ("Services")related to the City's California Street Landfill horizontal expansion("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 similar types of services. ARTICLE,2 - SERVICES OF ENGINEER 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. I Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering,Inc. October 19, 1999 ARTICLE 4 - PERIOD OF SERVICE 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 EN GIN .E,R 5.1 The total compensation for Engineer's performance of the Services shall not exceed $33,860.00 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: city Engince Valorie Shatynski Scott Purdy, President Municipal Utilities Department Vector Engineering, Inc. 35 Cajon Street 12438 Loma Rica Drive, 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. 2 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering,Inc. October 19, 1999 ARTICT E 6 - INSURANCE ANC ANI- TN F MN E C A TION 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 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 of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICI-F 7 - NF AT CNfifip R A T1( N 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. 3 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. October 19, 1999 7.3 Engineer's key personnel for the Project are: Principal and Project Manager: Scott Purdy, C.E.G. Project Engineer: Thomas Woodward, P.E., R.G. 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 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 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, 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. 7.9 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. Z�l 4 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering,Inc. October 19, 1999 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 shall be in writing, approved by the City Council of City and signed by City and Engineer. 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 Engineer have signed in confirmation of this Agreement. City of Redlands Vector Engineering, Inc. ("City') ("Engineer") By: By: WiL`CLW E. C yNGH VINCE SURYASASMITA,P.E. Mayor Executive Vice President ATTEST: City C rig, Citr &edlands ATTACHMENT A SCOPE OF WORK ATTACHMENT A— SCOPE OF WORK Task 1: Monitoring Well Installation In order to establish the water quality upgradient of the proposed expansion area, an additional groundwater monitoring well will be installed on the southeast corner of the site. The well will have an approximate depth of 150 feet and will be constructed with schedule 80 PVC with .02 inch slots. The materials and construction methods will be similar to previous well installations at the California Street Landfill. Vector will provide an engineer or geologist during the installation of the well to log the cuttings and observe the well installation and development. Vector will contract directly with the well driller. Upon completion of the well, Vector will prepare a geologic log of the borehole and an as-built drawing of the well with depths and material used. Deliverables: Geologic Logs and Well As-Built Drawing Page 1 ATTACHMENT B SCHEDULE SCHEDULE FOR HORIZONTAL CONCEPTUAL DESIGN AND PERMITTING AT THE S CALIFORNIA STREET LANDFILL, REDLANDS, CALIFORNIA Oct 31,'99I Nov 7,'99 1 Nov 14,'99 Nov 21,'99 Nov 28,'99 Dec 5,'99 Dec 12,'99 ID Task Name S T T SM W I F I S LT T S M W F S T T S M W F S T T 1 Groundwater Well Installation i Task Summary Rolled Up Progress Project:P992089.00 Critical Deadline ♦ Rolled Up Task External Tasks Date:October 1, 1999 Progress Rolled Up Split Project Summary Milestone . Rolled Up Milestone 0 ATTACHMENT B ATTACHMENT C PROJECT FEE AND RATE SCHEDULE ATTACHMENT C-PROJECT FEE AND RATE SCHEDULE Scott Purdy/Marc Orman Woodward/Ramey/ Moorehead/Russell/ Cathy Stone/Amy Butler HoursWell Drilling Per Costs Per Remaining $90/hour Twede($80/hour King[$65/hour) ($35/hour) Task Dsscriptaan_" Hours Costs Hours Costs Hours Costs Hours Costs Each Costs Task Task Budget Task I. Monitoring Well Installation 641 $ 5,760 96: $ 7,680 32;$ 2,080 24 $ 840 1 $ 17,500 200 $ 33,860 $ 33,860 32i$ 2.080 24 $ 1 $ 17,500 200 It 33 A 6 0 Total Project Costs 641 $ 5,760 961 $ 7,680 i — 1 840 33,8601 Vector Engineering,Inc.