Loading...
HomeMy WebLinkAboutContracts & Agreements_83-1999_CCv0001.pdf s AGREEMENT TO FURNISH ENGINEERING SERVICES TO PROVIDE GEOTECHNICAL SITE CHARACTERIZATION FOR THE CALIFORNIA STREET LANDFILL HORIZONTAL EXPANSION This Agreement is made and entered into this 7th day of September, 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 1 - 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.I 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-o� ned property as required by Engineer to perform the Services. ANectorGEo.agt 1 I t Engineering Services to Provide Geotechnical Site Characterization For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. September 7, 1999 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 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 $34,759.00 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 Engineer 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 A:VectorGEO,aet 2 i F w Engineering Services to Provide Geotechnical Site Characterization For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. September 7, 1999 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 tangible property while performing the death, and claims for injury to or destruction of 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. 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 A:Vect4rFo.a,-t 3 Engineering Services to Provide Geotechnical Site Characterization For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. September 7, 1999 f prior written approval of City and in strict compliance with the terms, provisions an conditions of this Agreement. d 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 days prior written notice to the other (delivered by�certified mail, rewithout cause, bturnrrecdeipt ring equested)ted0) of intent to terminate. p q ) 7.8 Upon receipt of a termination notice, Engineer shall (1)1 affected, and (2)� promptly discontinue all services deliver or otherwise make available to City,copies(in both hard co electronic form,where applicable), ofany 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. A:vectorGEo.agt 4 i Engineering Services to Provide Geotechnical Site Characterization For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. { September 7, 1999 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. 7.10 This Agreement, including the attachments incorporated herein by reference re entire agreement and understanding between the parties and any prior negotiationsrproposalen e 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 ("City") Vector Engineering, Inc. ("Engineer") i By. LL E. C By: 61 Mayor G VI NCE SURYASASMITA, P.E. Executive Vice President ATTEST: City Cl rk, ands A:VectorGEO.agt ATTACHMENT A SCOPE OF WORK i ATTACHMENT A— SCOPE OF WORK Task 1: Geotechnical Site Characterization Prior to permitting or preparing a conceptual design of the proposed expansion area at the California Street Landfill, a geotechnical site characterization must be performed. The characterization will include hollow stem auger borings, borehole logging, soil sampling and analysis, and geologic mapping. Vector will provide an engineer or geologist in the field to conduct the work. Approximately six geotechnical borings have been proposed over the expansion area, each drilled to a total depth of 65 feet. Vector will contract directly with the drilling company. Our personnel will log the boreholes, map the borrow cut, and obtain samples for testing and analysis in our soils laboratory. The following tests will be conducted on the soils- - particle size distribution/Afterberg limits - moisture/density - hydraulic conductivity - consolidation/settlement - direct/triaxial shear. Following completion of the field and laboratory investigation, Vector will prepare a report describing the results of the testing and field work. This information will later be utilized for the conceptual design and permitting of the expansion area. It will also be utilized to determine if any "fatal flaws" exist in the expansion area that would result in the site being unsuitable for a landfill. Deliverables: Geotechnical Site Characterization Report Deliverables Vector will provide copies of all documents prepared for the City in hard copy and electronic format. For Task 1, Vector will provide a geotechnical site characterization report that will include the results of the field investigation and laboratory testing. wY ej ATTACHMENT B SCHEDULE SCHEDULE FOR IMPLEMENTING GEOTECHNICAL SITE CHARACTERIZATION- CITY OF REDLANDS October November December ID Task Name 10/3 10/10 10/17 10/24 1 10/31 11/7 11/14 1 11/21 1 11/28 1215 12/12 12/19 12126 1 Task 1 -Geotechnical Site Characterization 2 Project Management —— 3 Geotechnical Testing 4 Field Investigation 5 Documentation/Reporting 6 Meeting#1 16/29 7 Meeting#2 ♦ 12/24 Task Summary Rolled Up Progress Project:P992073 Split Rolled Up Task External Tasks Date:August 20, 1999 Progress 09 Rolled Up Split Project Summary Milestone Rolled Up Milestone ATTACHMENT C PROJECT FEE AND RATE SCHEDULE ° ATTACHMENT O'PROJECT FEE AND RATE SCHEDULE-ENGINEERING SERVICES,CALIFORNIA STREET LANDFILL ~ '^ | ^ Hours Per Costs Per Task Descri Hours Costs H ur i =H=ou- Costs Hours Costs Costs Task Costs Task Geotechnical Testing Task 1.Site Geotechnicat Characterization and Borehole Drilling 216.04$ 34,759 Vector Engineering,Inc.'August 1m9