HomeMy WebLinkAboutContracts & Agreements_185-2003_CCv0001.pdf AGREEMENT TO FURNISH CONSTRUCTION ENGINEERING
AND GEOLOGICAL SERVICES
FOR EXPANSION OF THE CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this 7th day of October 2003,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 1. - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform
professional engineering services ("Services") for operations 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 shall comply with 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
3.1 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
the Services to be performed under this Agreement.
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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 NOTICE
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$290,170. City shall pay Consultant on a time and materials basis up to the not
to exceed amount,in accordance with Attachment"C",entitled"Project Costs"based on the
hourly rates shown in Attachment"D", entitled "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 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:
Cily Consultant
Gary Van Dorst Scott Purdy, President, CEO
Solid Waste Division Vector Engineering, Inc.
35 Cajon Street 143E Spring Hill Drive
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 not perform any
services pursuant to this Agreement unless and until all required insurance listed below is
obtained by Consultant. Consultant shall provided City with Certificates of Insurance and
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endorsements evidencing such insurance prior to commencement of work. All insurance
policies shall include a provision prohibiting cancellation of the policy except upon thirty
(30) days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Worker Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to the City.
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 ofthe negligence of Consultant,its officers,agents and
employees.
6.3 Comprehensive 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liabilitv 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. The Consultant must obtain an endorsement extending the
reporting period twelve (12) months beyond the current policy expiration date of 2/13/04.
6.5 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. Consultant shall obtain an endorsement that the City shall be
named as an additional insured.
6.6 Assignment and Insurance Requirements, Consultant is expressly prohibited from subletting
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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.
6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify,and hold harmless
City and its elected officials, employees and agents from and against any and all actions,
claims,demands,lawsuits,losses and liability for damages to persons or property,including
costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement;
but excluding such actions, claims,demands, lawsuits and liability for damages to persons
or property arising from the sole negligence or intentionally wrongful acts of City, its
officers, employees or agents.
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 the
prior written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
7.3 Consultant's key personnel for the Project are:
Project Manager: Scott Purdy
Consultant 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 documents developed by the Consultant pursuant to this Agreement and
any copyright interest in said above described documents,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 and any use of incomplete documents will be at City's sole
risk.
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
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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 the City, without cause, by providing ten (10) days
prior written notice to the Consultant(delivered by certified mail, return receipt requested)
of intent to terminate.
7.8 Upon receipt of a termination notice,Consultant shall(1)promptly discontinue all services,
and(2)deliver or otherwise make available to City,copies 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 work completed
up until notice of termination.
7.9 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.
7.10 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 Consultant have signed
in confirmation of this Agreement.
City of Redlands Vector Engineering, Inc.
("City") ("Consultant")
By: By:
SU N PEPPLER SCOTT PURDY
Mayor Pro Tem President
ATTEST:
/City Clerk, C �edlands
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AGREEMENT TO FURNISH CONSTRUCTION ENGINEERING
AND GEOLOGICAL SERVICES
FOR EXPANSION OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT A
SCOPE OF WORK
ATTACHMENT A — SCOPE OF WORK
Task A: Meetings
Task A involves the participation of Vector's project manager and other technical
staff at meetings involving construction of the Phase 1 expansion at the California Street
Landfill. The meetings include a kick-off meeting with City of Redlands Staff, a pre-
construction meeting with the Contractor, weekly progress meetings during the
construction, and participation in a final inspection meeting. During this period, Vector
will also participate in meetings with the regulatory agencies as necessary.
Deliverables: Meeting Minutes distributed to all parties
Task B: Design Assistance
Task B consists of design assistance during the construction of Phase 1. This
would include the design and specification preparation for any necessary changes that
are required during the course of the work. The redesign of any items due to errors
caused by Vector in their design plans and specifications would not be covered under
this task, but would be done by Vector at their own expense.
Deliverables: Design and Contract Documents
Task C: Reporting
Task C will consist of the preparation of reports as necessary during the
construction of the Phase 1 area. These reports will include a test pad report, an East
Side Landfill final cover report, and a final Phase 1 CQA documentation report. As
required by the construction specifications and CQA Plan, Vector will observe the
procedures used to construct the low permeability soil liner test pad and prepare a test
pad report to be submitted to the regulators. Following completion of the monolithic soil
cover on the East Side Landfill, Vector will prepare a final cover CQA documentation
report to be submitted to the regulators describing all the construction procedures and
results of the soils testing. After the composite liner has been placed in the Phase 1
expansion area, a final CQA documentation report will be prepared and submitted to the
regulators. Following acceptance of the final report, the City can begin placement of
waste within the expansion area.
Deliverables: Test Pad Report, East Side Landfill Cover CQA Documentation
Report, Phase 1 Expansion CQA Documentation Report
Task D: Construction Quality Assurance Services
Task D will consist of providing CQA services during the monolithic cover
construction on the East Side Landfill, the construction of the Phase 1 expansion, and
the placement of the fill soils and drainage structures within the consolidation area.
Vector will observe all construction activities, perform field and laboratory testing and
analyses of the monolithic cover and composite liner, and document compliance with
the approved plans and specifications.
Vector will provide two, full-time CQA Monitors experienced with earthworks and
geosynthetics construction. In accordance to California State Law, Vector's CQA
Monitors will be paid at the prevailing wage rate. We have assumed that our Monitors
will work a total of 12 hours per day, 5 days per week for the 17-week construction
period. A total of four hours of over-time per day has been scheduled in order to
perform the increased testing required by the RWQCB. Should the construction period
differ from the proposed working days, Vector will adjust our hours as necessary with
approval from the City.
Deliverables: CQA Documentation, Daily Reports, and Test Data
AGREEMENT TO FURNISH CONSTRUCTION ENGINEERING
AND GEOLOGICAL SERVICES
FOR EXPANSION OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT B
PROJECT SCHEDULE
ATTACHMENT B - PROJECT SCHEDULE
Task A — MEETINGS
The project kickoff meeting will occur in the beginning of November with a pre-
construction meeting scheduled for the middle of November. Progress meetings
will occur throughout the construction period, which is scheduled for 17 weeks.
The final walk-through will occur at the end of the 17-week period.
Task B — DESIGN ASSISTANCE
During the 17-week construction period, Vector's design engineers will be
available to make revisions and design changes to the technical specifications,
construction drawings, and CQA plan.
Task C — REPORTING
Within two weeks following the completion of the low permeability soil liner test
pad, Vector will submit a final report to the regulators. Final CQA documentation
reports will also be prepared for the East Side Landfill cover and the Phase 1
expansion. Each of these reports will be completed within a month following the
completion of the work and submitted to the regulators following City review and
approval.
Task D — Construction Quality Assurance Services
At this time, the construction period for the CQA services is assumed to be 17
weeks. Assuming the work begins in mid November 2003, the project will be
complete in late March of 2004. Vector will provide services at all times when the
Contractor is on-site. Should the construction time differ from 17 weeks, Vector
will adjust their time accordingly with approval by the City.
AGREEMENT TO FURNISH CONSTRUCTION ENGINEERING
AND GEOLOGICAL SERVICES
FOR EXPANSION OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT C
PROJECT COSTS
ATTACHMENT C - COST ESTIMATE
SUMMARY OF PROFESSIONAL SERVICES-VECTOR ENGINEERING,INC
Phase I Expansion CQA Costs
Budgeted Previous Current Remaining
Hours Costs Hours Costs Hours Costs Hours Costs
Task A-Meetings(pre-construction,progress,final)
Scott Purdy-CEG $105r
140 $ 14,000 0 $ 0:: $ 140.$ 14,000.00
�
'
Ramey/Fritzler $90/hr 64; $ 5,760 0 $ 0 $ 64 $ 5,760.00
Butler$40/hr :
24 0
$ 960 0: $ $ 24.$ 960.00
Total-Task A 228! $ 20,720 0 $ 0', $ 28;$ 20,720.00
Task B-Design Assistance
Scott Purdy CEG $100/hr 32 $ 3,200 0 $ - 0 $ 32i$ 3,200,00
Ramey $90/hr 32 $ 2,880 0 $ - 0 $ - 32.$ 2,880.00
Dodge/Hemmen$65/hr 24: $ 1,560 0 $ - 0 $ - 24:,, $ 1,560.00
Butler$40/hr 8 $ 320 0, $ - 0! $ - 320.00
Total-Task B 96 $ 7,960 0 $ - 0 i $ - 96:$ 7,960.00
Task C-CQA Reporting(test pad,east side,final CQA)
:
Scott Purdy-CEG $1001hr 64 $ 6,400 0 $ 0 $ 64 $ 6,400.00
Rarney/Fritzler $901hr 56 $ 5,040 0 $ 0 $ 56, $ 5,040.00
Dodge/Hemmen$65/hr 48 $ 3,120 0 $ 0 $ 48,
$ 3,120.00
Butler$401hr 32� $ 1,280 0 $ O $ 32;$ 1,280.00
Report Preparation/Copies/Shipping 3 $ 3,000 0 $ 0 $
3;$ 3,000-00
Total-Task C :
200 0 $ 0
$ 18,840 $ 200'$ 18,840.00
Task D-CQA Field Services(120 days-17 weeks)
Scott Purdy-CEG $100/hr 48 $ 4,800 0 $ 0 $ - 48,,
$ 4,800.00
Ramey/Fritzler $90/hr 56 $ 5,040 0 $ - 0: $ - 56; 5,040.00
- 1
Lead CQA Monitor/CM-$671hr(regular time)17 weeks 680: $ 45,560 0 $ - 0 $ - 6801$ 45,560-00
Lead CQA Monitor/CM-$901hr(overtime)4 hours/day 340 $ 30,600 0 $ - 0 $ - 3403$ 30,600.00
CQA Monitor-$67/hr(regular time)17 weeks 680 $ 45,560 0 - 0 $ - 6801$ 45,560.00
CQA Monitor-$90/hr(overtime)4 hours/day 340 $ 30,600 0 $ - 0 $ - 340 $ 30,600.00
Butler$40/hr 16 $ 640 0 $ - 0 $ - 16, $ 640.00
Laboratory Trailer w/Soils Equipment($185/week) 17 $ 3,145 0 $ - 0 $ - 17:$ 3,145.00
Trailer Mobilization-lump sum 1 $ 1,000 0 $ - 0, $ - I;$ 1,000.00
Mobilization CQA Monitors-lump sum($800 ea) 2 $ 1,600 0 $ - 0 $ - 2;$ 1,600.00
Per Diem-CQA Monitors($525/week) 34: $ 17,850 0 $ - 0 $ - 341$ 17,850,00
On-Site Vehicle($250/week) 34 $ 8,500 0 $ - 0 $ - 34;$ 8,500.00
Nuclear Density Gauge($150/week) 17 $ 2,550 0 $ - 0 $ - 171$ 2,550.00
- 4
Punch Press/Tensiometer($150/week) 81 $ 1,200 0 $ 0 $ 8 $ 1,21,200.00
Sealed Double Ring Infiltrometer(lump sum) 1 $ 10,000 0 $ - 0 $ - 1 $ 10,000.00
Remolded Hydraulic Conductivity Testing($310 each) 24. $ 7,440 0 $ - 0 $ - 241$ 7,440.00
Laboratory Hydraulic Conductivity Testing($260 each) 42 $ 10,920 0 $ 0 $ - 42.$ 10,920.00
Field Hydraulic Conductivity Testing($120 each) 36 $ 4,320 0 $ 0 $ - 36.
1$ 4,320,00
Conformance Testing(geomembrane)$110 ea 9 $ 990 0 $ 0, $ 9:$
990.00
Conformance Testing(geocomposite)$125 ea 9 $ 1,125 0, $ 091$
$ 1,125.00
.
Conformance Testing(geotextile)$200 ea 1 $ 200 0 $ 0 $ 1 $ 200.00
Conformance Testing(LCRS drainage gravel)$240 ea 9. $ 2,160 0 $ 0 $ 91$ 2,160.00
Shipping-lump sum each($115) 30: $ 3,450 0, $ 0 $ 30i$ 3,450.00
Misc,Field Equipment($100/week) 17, $ 1,700 0, $ O $ - 17;$ 1,700.00
Field Computer($50/week) 17 $ 850 0 $ 0; $ - 17.$ 850.00
Phone/FAX/Postage($501week) 17 $ 850 0 $ 0 $ - 17;$ 850.00
Total-Task D I 2144t $ 242,650 0, $ - 0; $ - 21441$ 242,650.00
Total Phase 1 CQA Costs 1 2668 1 $ 290,170 10 $ - 0 t - 2
AGREEMENT TO FURNISH CONSTRUCTION ENGINEERING
AND GEOLOGICAL SERVICES
FOR.EXPANSION OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT D
FEESCHEDULE
ATTACHMENT D — FEE SCHEDULE
The unit rates for personnel will be provided under the following categories and
individuals.
Principal Professional (Purdy/SuryasasmitafThiel) - $1 00/hour
Senior Professional (Ramey/\Noodward/Christie/Fritzler) - $90/hour
Project Professional (Russell/Campbell) - $75/hour
Staff Professional (Dodge/Hemmen/Beck/Anderson) - $65/hour
CQA Monitor (B. Del I-Era/Harris/G lassANofford/O lhoffer) - $67/hour, $90/hour of
Clerk (Dermer/M. Dell-Era/Butler) - $40/hour